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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hampshire Village Associates v. District Court of Hampshire, 408 N.E.2d 830 (1980)

Citation
Hampshire Village Associates v. District Court of Hampshire, 408 N.E.2d 830 (1980)
Parent Document
Hampshire Village Associates v. District Court of Hampshire, 408 N.E.2d 830 (1980)
Jurisdiction
Massachusetts (state)
Effective Date
1980-07-15

Other Sections in This Document (45)

Full Text

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115 U.S. 512, 523 (1885): “The power of the State to impose fines and penalties for a violation of its statutory requirements is coeval with government, and the mode in which they shall be enforced, whether at the suit of a private party, or at the suit of the public, and what disposition shall be made of the amounts collected, are merely matters of legislative discretion. The statutes of nearly every State of the Union provide for the increase of damages where the injury complained of results from the neglect of duties imposed for the better security of life and property, and make that increase in many cases double, in some cases treble, and even quadruple the actual damages. And experience favors this legislation as the most efficient mode of preventing, with the least inconvenience, the commission of injuries. The decisions of the highest courts have affirmed the validity of such legislation. The injury actually received is often so small that in many cases no effort would be made by the sufferer to obtairi redress, if the private interest were not supported by the imposition of punitive damages.” The singling out for such civil penalties of particular conduct, especially conduct in the economic sphere, raises no question under the equal protection guaranties — unless, perchance, the selection was bereft of a plausible reason. See Newell v. Rent Bd. of Peabody, 378 Mass. 443, 449 (1979); Paro v. Longwood Hosp., 373 Mass. 645 (1977); Ortwein v. Schwab, 410 U.S. 656, 660 (1973). Cf. Marcoux v. Attorney Gen., 375 Mass. 63, 65 n.4 (1978).