Scott v. WM Oak Grove Village, LLCAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the county court denying, without a hearing, Petitioner's petition for relief under Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse any discretion in denying relief.
Petitioner was a defendant in a summary process action commenced by his landlord. The trial judge awarded possession to the later. When Petitioner appealed the trial judge set an appeal bond and ordered Petitioner to make use and occupancy payments. The appeals court affirmed the appeal bond. Petitioner then filed his Mass. Gen. Laws ch. 211, 3 petition. A single justice denied relief on the ground that Petitioner had an adequate alternative remedy. The Supreme Judicial Court affirmed, holding that Petitioner had an alternative means to seek a stay pending appeal, and therefore, relief was properly denied.