Irving Coven Construction & Realty, Inc. v. State Tax Commission

Nothing appears in the plaintiff’s appeal from the order denying its motion to determine whether the defendant commission had complied with the writ of mandamus previously issued against it. In the first place, the judge was not required to entertain the motion for the reason that it was grounded on factual allegations unverified by affidavit, and not apparent from the record and files or agreed to by written stipulation. Rule 9 of the Superior Court (1974). See H. Piken & Co. Inc. v. Planet Constr. Corp. 3 Mass. App. Ct. 246, 249 (1975). If, on the other hand, the judge did grant a hearing…