Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)

Citation: Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)
Parent Document: Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)
Jurisdiction: Massachusetts (state)
Effective Date: 2024-06-25
Original Source: https://www.courtlistener.com/opinion/9988087/classic-restaurant-concepts-llc... ↗

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11Although claims for private nuisance and for breach of
the covenant of quiet enjoyment have elements that are similar -
- as illustrated by the description of those claims in Doe, 417
Mass. at 285, 288 -- we know of no case holding that every
aspect of the law of private nuisance applies equally to the law
of quiet enjoyment. Indeed, in Doe, the court upheld summary
judgment for the landlord on the tenants' nuisance claim, but it
ruled that the quiet enjoyment claim presented issues of fact
requiring a trial. See id. at 287-289. Here, the judge ordered
summary judgment for Harvard on Classic's nuisance claim on the
same ground relied on in Doe, and on appeal Classic has not
argued that doing so was error.

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