Foley Hoag secured a significant appellate victory for its client Crown Communities, LLC in a closely watched dispute concerning the sale of a manufactured housing community when the Massachusetts Supreme Judicial Court held the residents did not meet all the legal requirements needed to purchase the park under the Commonwealth’s right of first refusal law.

The case arose after Crown entered into a purchase and sale agreement to acquire the Park at Pocasset in Bourne for $3.8 million in cash, subject to the right of first refusal afforded to manufactured housing tenants under Massachusetts law. While the residents’ association had provided reasonable evidence of tenant support through a signed petition, in reversing the trial court’s judgment in favor of the association, the Supreme Judicial Court held that the association failed to satisfy a separate statutory requirement: obtaining a binding financing commitment within ninety days after execution of its purchase and sale agreement.

The Court also affirmed judgment in Crown’s favor on the association’s counterclaims for tortious interference and violation of Chapter 93A.

The Foley Hoag team representing Crown Communities was led by Kenneth Leonetti and former colleagues Mark Finsterwald and Jasmine Brown.