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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mellor v. Berman, 390 Mass. 275 (1983)

Citation
Mellor v. Berman, 390 Mass. 275 (1983)
Parent Document
Mellor v. Berman, 390 Mass. 275 (1983)
Jurisdiction
Massachusetts (state)
Effective Date
1983-10-03

Other Sections in This Document (38)

Full Text

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In her appeal to the Appeals Court the lessor challenged the constitutionality of the amendment. She argued that the amendment gave a retroactive effect to the treble damages provisions. The Appeals Court found no retroactive effect because the defendant’s contractual obligation to return the deposit did not arise until ten months after the effective date *278of the amendment. See Mellor v. Berman, 13 Mass. App. Ct. 983, 984 (1982). The issue surrounding the judge’s rejection of the lessor’s good faith argument was not presented to the Appeals Court. The questions reported are: