Chris Evan
ok...here is what I have:
MGL ch 4 sect 7:
Twenty-third, "Person" or "whoever" shall include corporations, societies, associations and partnerships.
Word "person" is not apt to describe municipality. Howard v. Chicopee (Mass. 1937), 299 Mass. 115, 12 N.E.2d 106, 1937 Mass. LEXIS 980.
Word "person" is not construed to include Commonwealth or any of its political subdivisions. Commonwealth v. Voight (Mass. App. Ct. 1990), 28 Mass. App. Ct. 769, 556 N.E.2d 115, 1990 Mass. App. LEXIS 350.
Inclusion of corporation in definition of word "person" does not extend to municipal corporations. Commonwealth v. Voight (Mass. App. Ct. 1990), 28 Mass. App. Ct. 769, 556 N.E.2d 115, 1990 Mass. App. LEXIS 350.
Permit applicants' suit against a town under ALM GL c 12, � 11I was dismissed, as � 11I provides redress against "any person or persons," and the definition of "person" in ALM GL c 4, � 7 does not include the Commonwealth of Massachusetts or any of its subdivisions. Kennie v. Town of Dennis Natural Res. Dep't (Mass. Super. Ct. Dec. 29, 2005), 2005 Mass. Super. LEXIS 672, aff'd, (Mass. App. Ct. 2007), 69 Mass. App. Ct. 158, 866 N.E.2d 983, 2007 Mass. App. LEXIS 614, vacated, (Mass. 2008), 451 Mass. 754, 889 N.E.2d 936, 2008 Mass. LEXIS 493.