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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)

Citation
Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Parent Document
Taylor v. Beaudry, 82 Mass. App. Ct. 105 (2012)
Jurisdiction
Massachusetts (state)
Effective Date
2012-07-09

Other Sections in This Document (67)

Full Text

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*116occurred, the holding in Castenholz had not been limited, altered, or otherwise refined by a reported opinion of the Supreme Judicial Court or this court. In short, Castenholz defined certain aspects of the Act, and it has been part of our residential landlord and tenant jurisprudence now for more than twenty years. In the interim, the Legislature has amended the Act on more than one occasion (see St. 1986, c. 557, § 164; St. 1992, c. 133, § 522; St. 2004, c. 417, § 1) but has not seen fit to change the Act to alter the interpretation given it by Castenholz. Because the design of the Act bears an obvious affinity to proceedings in equity, the landlord’s reliance on extant governing case law interpreting the Act is not without some significance. In a recent opinion, albeit involving a common-law rule, this point was made clear in Papadopoulos v. Target Corp., 457 Mass. 368, 385 (2010): “[C]hanges to the common law that have the potential to expand tort liability should be limited to prospective application only where it is likely that . . . [conduct has followed] in substantial reliance on the previously existing common law.” The same is true here as the landlord acted in reliance with Castenholz, the then-existing controlling precedent under the Act. See generally G. Emil Ward, Massachusetts Landlord-Tenant Practice: Laws and Forms §§ 7(a), 9(e).