Dickey v. Inspectional Services Department
Dickey v. Inspectional Services Department
Opinion of the Court
James Dickey appeals from a judgment of a single justice of this court denying, without a hearing, his petition for relief under G. L. c. 211, § 3. We affirm.
Dickey commenced an action in the Superior Court seeking judicial review of an order, issued by the city of Boston’s inspectional services department
The case is before us pursuant to SJ.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires Dickey to “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.”
Judgment affirmed.
In the Superior Court action, Dickey challenges the condemnation order on the ground that the department unlawfully entered the premises in violation of his constitutional rights. We express no view on the merits of that claim.
In his petition, Dickey made no attempt to demonstrate that he lacked an adequate remedy other than resort to G. L. c. 211, § 3. See, e.g., McGuinness v. Commonwealth, 420 Mass. 495, 497 (1995), quoting Planned Parenthood League of Mass., Inc. v. Operation Rescue, 406 Mass. 701, 706 (1990) (petitioner “must ‘demonstrate both a substantial claim of violation of [his or her] substantive rights and error that cannot be remedied under the ordinary review process’ ”). This itself is a reason not to disturb the single justice’s decision.
Reference
- Full Case Name
- James Dickey v. Inspectional Services Department of the City of Boston
- Status
- Published