93A claim against Surf Site, the Court finds that the counterclaim against the City is tenable based upon the particular facts alleged by Boston/Logan. Although the Consumer Protection Act “contains no explicit indication that governmental entities are to be liable under its provisions”, United States Leasing Corp. v. City of Chicopee, 402 Mass. 228, 521 N.E.2d 741, 744 (1988), no court has held that municipalities are exempt from Chapter 93A claims so long as they are “acting in a business context”, functioning in “trade or commerce” as that statute requires. Park Drive Towing, Inc. v. City of Revere, 442 Mass. 80, 809 N.E.2d 1045, 1051 (2004) (citations and internal quotation marks omitted). See also B & R Realty Co. v. Springfield Redevelopment Auth., 708 F.Supp. 450 (D.Mass.1989) (<HOLDING>). Whether a municipality has acted in a
holding that the issue of fraud was precluded because the previous jury necessarily considered fraud as the basis for chapter 93a liability holding a city liable for personal injuries caused by a driver colliding with a girder in the center of a city street where the city did not give a warning holding that the city of springfield was potentially liable under chapter 93a holding that summary judgment on chapter 93a claim is appropriate when summary judgment is granted on fraud claim and chapter 93a claim is solely based on the underlying claim for common law fraud holding that where there was no evidence of the claimed underlying violation and where there were no unique arguments related to the chapter 93a claim defendant was entitled to summary judgment on plaintiffs chapter 93a claim