Success at the Massachusetts Appeals Court
Attorney Marlee Cowan successfully had a preliminary injunction upheld by the Massachusetts Appeals Court. The question before the Court was whether a Probate Court judge had the authority to determine whether a person was a trespasser or a tenant, or whether such matter must be decided by the Housing Court. The Probate Court judge found the person to be a trespasser and therefore issued a preliminary injunction for her to vacate the premises. The question brought before the Appeals Court was whether a summary process procedure through the Housing Court was required. In finding for Attorney Cowan’s client, the Appeals Court order stated that the Probate Court judge “implicitly rejected the claim of a tenancy” and had the authority to make such a finding. Therefore, no summary process was required and as a result, the preliminary injunction was upheld.