New Bedford Housing Authority v. Olan

Elba Olan appeals from a Housing Court judge’s order, issued pursuant to § 19 of the common nuisance statute, G. L. c. 139, requiring that she and her family vacate their public housing apartment. Although Olan has raised a number of issues on appeal, her chief contentions are that (1) she was deprived of her State constitutional right to a jury trial; (2) the *189judge erred as matter of law in concluding that the plaintiff had satisfied one of the elements of c. 139, § 19; and (3) she was given inadequate notice of the proceedings in violation of Federal and State law. We reverse.

Facts and…