Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)

Citation: Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)
Parent Document: Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)
Jurisdiction: Massachusetts (state)
Effective Date: 2017-09-14
Original Source: https://www.courtlistener.com/opinion/4426085/beacon-residential-management-lp-v-rp/ ↗

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       Citing Demoulas v. Demoulas Super Mkts., Inc., 424 Mass.
501, 509, 510 (1997), and Mass. R. Civ. P. 52 (a), as amended,
423 Mass. 1402 (1996), the landlord argues that upon the review
of a denial of a motion to intervene, the motion judge's
findings must stand absent clear error. Indeed, this court
stated as much as dictum in Commonwealth v. Fremont Inv. & Loan,
459 Mass. 209, 217 (2011). However, we note that the case cited
in Fremont to support the proposition that we allow factual
findings to stand absent clear error relied on a case that had
                                                                    11 Thus, the prospective intervener should not be required to

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