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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lindquist v. Stella, 111 N.E.3d 304 (2018)

Citation
Lindquist v. Stella, 111 N.E.3d 304 (2018)
Parent Document
Lindquist v. Stella, 111 N.E.3d 304 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-09-10

Full Text

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But that is not the end of the matter. The judge also adopted Stella's proposed finding that "since the inception of his tenancy, there have been problems with both the front porch and back porch," including "loose boards and rotted wood," "rusted railings," and "lolly columns" that were "giving way and rotting." These issues, however, were first documented by city inspectors in the spring of 2016, nearly five years after Stella's tenancy commenced. It is true that Stella testified that the porches had problems from the start, but he also testified that the problems "had progressively gotten worse since [he] was there." In addition, the judge failed to account for evidence that an independent third party, a city inspector, observed in January of 2016 that the "side porch" was in disrepair, yet reported no issues with the front porch.