Gorbatova v. City of Lynn

Summary

The Massachusetts Supreme Judicial Court affirmed the denial of Valentina Gorbatova's petition challenging municipal citations and fines issued by the City of Lynn for alleged sanitary code violations. The court held that extraordinary relief was unavailable because Gorbatova had an alternative remedy through an appeal to the District Court under G. L. c. 40, § 21D. The court also noted that G. L. c. 211, § 3 does not authorize superintendence over executive agencies.

Holdings

1. Relief under G. L. c. 211, § 3, or in the nature of certiorari or mandamus under G. L. c. 249, §§ 4 and 5, is unavailable where the petitioner has another adequate remedy. Because Gorbatova could appeal the municipal citations to the District Court under G. L. c. 40, § 21D, she was not entitled to the extraordinary relief sought.
2. Relief under G. L. c. 211, § 3, was independently unavailable because the statute's superintendence power extends only to courts of inferior jurisdiction, while Gorbatova challenged actions of the City of Lynn rather than a ruling of a court.

Questions Presented

1. Whether the petitioner was entitled to extraordinary relief under G. L. c. 211, § 3, or relief in the nature of certiorari or mandamus under G. L. c. 249, §§ 4 and 5, when an appeal to the District Court was available.
2. Whether relief under G. L. c. 211, § 3, was available to challenge actions taken by a city rather than a court of inferior jurisdiction.

Disposition

affirmed