Owners of a Boston condominium had to deal with a messy situation caused by a unit owner.  Between 2006 and 2008, the unit owner spread birdseed in and around the condominium's common areas but mostly on the public sidewalk approximately 200 times.  It was not normal feeding, but rather scoops of bird seed at a time.  The condominium had asked the owner repeatedly to stop feeding the birds, as the birdseed was attracting a significant number of pigeons and rodents, and their droppings, to the property.

The condominium began fining the unit owner $25.00 a day in the hope that this would curb his behavior, and then, the condominium increased the fine to $50.00 a day.  The unit owner refused to stop, contending he had a right to feed pigeons on the public sidewalk in front of the building.     

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 [Decision]