NEW BEDFORD HOUSING AUTHORITY v. OLAN

No. 98-P-371.

50 Mass. App. Ct. 188 (2000)

NEW BEDFORD HOUSING AUTHORITY v. ELBA OLAN.

Court of Appeals of Massachusetts, Bristol.

October 6, 2000.


Attorney(s) appearing for the Case

Christopher R. Whittingham for the defendant.

Martin J. Rooney for the plaintiff.

Richard M. W. Bauer & Judith Liben, for Massachusetts Union of Public Housing Tenants, amicus curiae, submitted a brief.

Present: PERRETTA, KASS, & LENK, JJ.


LENK, J.

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 judge erred as matter of law in concluding...

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