133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)

Citation: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Parent Document: 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-02-14
Original Source: https://www.courtlistener.com/opinion/10333571/133-west-main-street-realty-ll... ↗

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[15] The judge's
findings do not specify why he chose not to include the Kimballs' payments for
electrical utilities as part of the award of actual damages for the c. 93A
violation.  We note, however, that there
was evidence at trial that Allen operated a marijuana "growth
facility," characterized by Mayer as a "major operation," in the
basement of the premises.  Mayer
testified that the "operation" involved multiple lights and consumed
approximately thirty percent of the thirteen hundred square foot basement.  Allen acknowledged at trial that he grew
marijuana in the basement of the premises "for a couple months
. . . to have a little fun" and agreed that it required a "significant
amount of electricity."

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