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action affirmed alleged allowed Amendment amount apartment appeal applied argues argument assessors Attorney authority Bank Boston building cause charges circumstances civil claim Commissioner Common Commonwealth complaint concerning conclude conduct consider constitutional Corp corporation cost counsel crime criminal damages death decision defendant defendant's denied Department determination direct dismissal District duty effect employee error establish evidence fact failed Federal filed finding further granted hearing income indicated initiative intent interest issue judge judge's judgment Judicial jury justice limitations Mass Massachusetts matter meeting ment motion notice officer opinion parties permit person petition plaintiff police present probation procedure proceeding protect provides pursuant question reasonable record request result rule statements statute substantial Superior Court supra testified testimony tion tort trial trust United victim violation warrant witness