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Appeals court considers constructive trust and use-and-occupancy dispute in landlord‑tenant appeal
Summary
Panel heard competing claims over whether a lower court properly imposed a constructive trust and denied use‑and‑occupancy payments after a protracted landlord‑tenant dispute over title, occupancy and equitable claims.
Counsel argued whether the housing court erred in imposing a constructive trust on property held in sole legal title by appellant Tyrone Walker and in denying him possession and a determination of use‑and‑occupancy payments.
Appellant counsel Dana Shunivert said the record from a prior summary process trial showed no intent to create joint ownership when the property was purchased in December 2008 and…
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