GIRAGOSIAN v. CHIEF OF POLICE OF ARLINGTON

No. 09-P-75.

78 Mass. App. Ct. 254 (2010)

PAUL GIRAGOSIAN v. CHIEF OF POLICE OF ARLINGTON.

Appeals Court of Massachusetts, Middlesex.

November 16, 2010.


Attorney(s) appearing for the Case

Dean Carnahan for the plaintiff.

Juliana deHaan Rice , Town Counsel ( Edward M. Marlenga , with her) for the defendants.

Present: BERRY, GRAINGER, & WOLOHOJIAN, JJ.


WOLOHOJIAN, J.

The plaintiff appeals from the entry of summary judgment in favor of the defendant. The plaintiff's complaint, which asserted an action in the nature of certiorari, was dismissed on the ground that the claims should have been brought instead as counterclaims in a separate action. Because we conclude that the underlying certiorari action was by its nature an appellate proceeding, rather than a claim...

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