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Neutral Court Opinion Jun 08, 2026

Crown Communities, LLC v. Austin

── Crown Communities, LLC v. Austin ── Court: Massachusetts Supreme Judicial Court Date: June 05, 2026 Category: General NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; [email protected] SJC-13841 CROWN COMMUNITIES, LLC vs. PHILIP AUSTIN, trustee,1 & another.2 Barnstable. March 2, 2026. - June 5, 2026. Present: Budd, C.J., Gaziano, Kafker, Wendlandt, Georges, & Wolohojian, JJ. Manufactured Housing Community. Real Property, Right of first refusal, Purchase and sale agreement. Practice, Civil, Standing, Declaratory proceeding. Statute, Construction. Notice. Lis Pendens. Declaratory Relief. Contract, Interference with contractual relations. Consumer Protection Act, Unfair act or practice. Words, "Reasonable evidence." Civil action commenced in the Superior Court Department on February 20, 2020. Following review by the Appeals Court, 105 Mass. App. Ct. 113 (2024), findings of fact and rulings of law were issued by Michael K. Callan, J. The Supreme Judicial Court granted an application for direct appellate review. Kenneth S. Leonetti (Mark D. Finsterwald & Jasmine N. Brown also present) for the plaintiff. 1 Of the Charles W. Austin Trust. 2 Pocasset Park Association, Inc. 2 Thomas W. Aylesworth (Claire A. Todd also present) for Pocasset Park Association, Inc. Michael N. Turi, Assistant Attorney General (Daniel A. Less, Assistant Attorney General, also present) for the Attorney General. Nicholas Hoisington, Spenser Templeton, & W. Scott Simpson, of Alabama, & Jessica Savino, for Manufactured Housing Institute, amicus curiae, submitted a brief. Alycia M. Kennedy, Jane Edmonstone, Benjamin Levine, Destin Germany, Richard M.W. Bauer, Daniel Ordorica, & Joel Feldman, for Massachusetts Law Reform Institute & others, amici curiae, submitted a brief. WENDLANDT, J. The Manufactured Housing Act, G. L. c. 140, §§ 32A-32S (act), provides tenants residing in a manufactured housing community with a right of first refusal before the property on which the community is located may be sold. See G. L. c. 140, § 32R (c). The act was designed to "avoid discontinuances of manufactured housing communities and to ensure that tenants of such communities are not left at the peril of their landlords due to a practical inability to relocate a manufactured housing unit"; it enables resident tenants, or pertinently an incorporated association representing at least fifty-one percent of them, "to purchase the land on which their homes exist." Greenfield Country Estates Tenants Ass'n v. Deep, 423 Mass. 81, 86 (1996) (Greenfield). The right, however, is subject to certain requirements, including that such an association submit to the property owner "reasonable evidence that the residents of at least fifty-one percent of the occupied 3 homes in the community have approved the purchase of the community by such . . . association." G. L. c. 140, § 32R (c). This case presents the question whether the requisite "reasonable evidence" includes resident tenants' signatures affixed to a petition stating that the signatories approve of the association's purchase. We conclude that it does and that, accordingly, the Pocasset Park Association, Inc. (association), presented reasonable evidence that at least fifty-one percent of the tenants residing at the Park at Pocasset (park), a manufactured housing community located on property (property) in Bourne owned by the Charles W. Austin Trust (trust), supported the association's purchase o
CourtListener · Jun 05, 2026
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