Legal Opinion

Simmons v. Clerk-Magistrate of the Boston Division of the Housing Court Department

Massachusetts Supreme Judicial Court

Decided December 19, 2006PublishedCited by 25 opinions

1Opinion of the CourtSpina, J.

The plaintiffs, tenants in public housing owned and operated by the Boston Housing Authority (BHA), filed a complaint seeking relief in the nature of mandamus, pursuant to G. L. c. 249, § 5, in the Supreme Judicial Court for Suffolk County, challenging the practice of the Housing Court Department of assessing entry fees and surcharges in civil actions filed by the BHA, and the practice of the BHA of passing along such fees and surcharges as costs to public housing residents who are defendants in actions brought by the BHA. A single justice reserved and reported the matter, without decision,…

2Cases cited16 opinions

  1. Dartt v. Browning-Ferris Industries, Inc.Massachusetts Supreme Judicial Court · 1998
  2. Beeler v. DowneyMassachusetts Supreme Judicial Court · 1982
  3. General Electric Co. v. Department of Environmental ProtectionMassachusetts Supreme Judicial Court · 1999
  4. Lataille v. District Court of Eastern HampdenMassachusetts Supreme Judicial Court · 1974
  5. Lehan v. North Main Street Garage, Inc.Massachusetts Supreme Judicial Court · 1942

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3Cited by25 opinions

  1. Boston Medical Center Corp. v. Secretary of the Executive Office of Health & Human ServicesMassachusetts Supreme Judicial Court · 2012
  2. Anzalone v. Administrative Office of the Trial CourtMassachusetts Supreme Judicial Court · 2010
  3. Commonwealth v. CharlesMassachusetts Supreme Judicial Court · 2013
  4. Service Employees International Union, Local 509 v. Department of Mental HealthMassachusetts Supreme Judicial Court · 2014
  5. Daveiga v. Boston Public Health CommissionMassachusetts Supreme Judicial Court · 2007

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