Cichocki v. Town of Rehoboth
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The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioners’ petition or relief pursuant to Mass. Gen. Laws ch. 211, 3 and for a writ of mandamus pursuant to Mass. Gen. Laws ch. 249, 5, holding that the single justice did not err or abuse his discretion in denying relief.
Petitioners sought relief after their property was foreclosed on a tax lien. After Petitioners’ efforts in the federal courts were unsuccessful, they filed their petition in the county court asking the court to vacate the lower court judgments and to order the town of Rehoboth to return their house and all of the personal property kept therein. The single justice denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that where Petitioners already obtained appellate review of the tax lien foreclosure judgment and to the extent that there were other trial court judgments with which they were dissatisfied, they had a remedy in the normal appellate process.
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