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Judge: Belchertown condo complex can’t order sign removal By BERA DUNAU NORTHAMPTON A Belchertown condominium complex cannot order the removal of signs at or near the units of residents, a Hampshire Superior Court judge has ruled. Judge Richard Carey cited the free speech provision of the Massachusetts Constitution in making his ruling in a case in which Margery Jess, a resident of Summer Hill Estates development, was ordered to remove her Black Lives Matter sign by the trustees of the development or face daily fines. The case was filed by the Northampton law firm Sasson Turnbull Ryan & Hoose, alongside the American Civil Liberties Union on behalf of Jess. ....
Judge overrules Belchertown condo association that tried to bar ‘Black Lives Matter’ lawn sign Updated Jan 15, 2021; BELCHERTOWN A condominium owner prevailed over trustees who attempted to fine her $50 a day for displaying a Black Lives Matter sign in her flower bed, after a judge ruled in her favor in Hampshire Superior Court on Friday. Margery Jess, owner of a unit at Summer Hill Estates, in October sued trustees of the condominium association who tried to strong-arm her into taking down the sign, threatening fines that would have amounted to more than $18,000 annually. Judge Richard Carey initially granted Jess a temporary injunction to prevent the association from forcing her to take the sign down or face fines. Carey ruled Friday the condo association’s bylaw designed to control the content of signage is unconstitutional and violates free speech protections. ....