Shea v. Neponset River Marine & Sportfishing, Inc.

The single issue on this appeal is whether a plaintiff who chooses to bring a summary process action in a District Court, seeking both possession and rent in excess of $7,500, can appeal an adverse decision to the Superior Court and relitigate in a jury trial the issues decided by the District Court. The action before us was initiated when the plaintiffs-landlords (Sheas) filed a summary process action against the defendant-tenant (Neponset) 2 in the Dorchester Divi sion of the District Court Department. The complaint alleged that Neponset was occupying certain property consisting of vacant…