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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Huard v. Forest Street Housing, Inc., 316 N.E.2d 505 (1974)

Citation
Huard v. Forest Street Housing, Inc., 316 N.E.2d 505 (1974)
Parent Document
Huard v. Forest Street Housing, Inc., 316 N.E.2d 505 (1974)
Jurisdiction
Massachusetts (state)
Effective Date
1974-09-03

Other Sections in This Document (52)

Full Text

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concerning the action of the rent regulatory agency in Cambridge, facts of which we are in part aware because of earlier litigation in this court. The tenant relies on certain of these facts. If they had been stated in the stipulation, perhaps the landlord would have pressed for the inclusion of additional assertedly mitigating or explanatory facts. Because we believe justice would best be served by permitting the tenant to rely on administrative events outside the stipulation, provided the landlord is given the right to offer additional evidence, we set aside the stipulation and remand the case to the Superior Court for further proceedings. See Loring v. Mercier, 318 Mass. 599, 601 (1945); Commonwealth v. Clark, 350 Mass. 721,722 (1966).