Giragosian v. Chief of Police of Arlington

The plaintiff appeals from the entry of summary judgment in favor of the defendant. The plaintiff’s complaint, which asserted an action in the nature of certiorari, was dismissed on the ground that the claims should have been brought instead as counterclaims in a separate action. Because we conclude that the underlying certiorari action was by its *255nature an appellate proceeding, rather than a claim amenable to assertion via counterclaim, we reverse.

1. Background. Giragosian owned and operated a gun shop in Arlington (town) for thirty years. On March 16, 2007, the town’s chief of police, after…