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SIMMONS v. CLERK-MAGISTRATE OF THE BOSTON DIVISION OF THE HOUSING COURT DEPARTMENT

448 Mass. 57 (2006)

CHERYL SIMMONS & another v. CLERK-MAGISTRATE OF THE BOSTON DIVISION OF THE HOUSING COURT DEPARTMENT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 19, 2006.

Attorney(s) appearing for the Case

James M. McCreight for the plaintiffs.

Jay S. Koplove (Wilbur E. Commodore with him) for the Boston Housing Authority.

Peter Sacks, Assistant Attorney General, for Clerk-Magistrate of the Boston Division of the Housing Court Department.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SPINA, 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...

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