§ 8A

Citation: § 8A
Parent Document: Ferreira v. Charland (2023)
Jurisdiction: Massachusetts (state)
Effective Date: 2023-09-05
Original Source: https://www.courtlistener.com/opinion/9424522/ferreira-v-charland/ ↗

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16For similar reasons, the judge could not have resolved
the case based on a judicial admission, as posited by Justice
Meade in dissent. See post at          (Meade, J., dissenting).
The tenant argued both in her pretrial memorandum and at the
hearing, that the landlord's tender was no bar to the tenant's
raising the water use statute violation as a defense to
possession under § 8A. The tenant plainly did not "cause[] the
judge to understand" that the claim for possession was "waived
or abandoned." Dalton v. Post Publ. Co., 328 Mass. 595, 599
(1952). To the contrary, the judge recognized that whether the
case would "be adjudicated under [§] 8A" would depend on how he
ruled on the tenant's argument that the claim for possession was
still a live issue.
                                                                   17

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