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Appeals court considers challenge to ‘weathertight’ injunction term after fire-damage dispute

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Summary

The court heard argument over whether a trial court’s preliminary injunction — which used the term “weathertight” — improperly authorized repair work that went beyond emergency stabilization; appellants say the injunction was wrong and that subsequent clarification materially changed the injunction.

The Appeals Court heard argument in a dispute over a Nantucket condominium complex damaged by a July 2022 fire, focusing on whether a trial judge’s preliminary injunction improperly allowed rebuilding beyond emergency stabilization by authorizing “weathertight” repairs.

Appellant counsel Harry Haitay, representing an owner challenging the injunction, said the trial court abused its discretion by using…

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