Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)

Citation: Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)
Parent Document: Cambridge Street Realty, LLC v. Stewart, 113 N.E.3d 303 (2018)
Jurisdiction: Massachusetts (state)
Effective Date: 2018-12-20
Original Source: https://www.courtlistener.com/opinion/4575969/cambridge-street-realty-llc-v-stewart/ ↗

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from the denial of the bond waiver and the amount of the bond to
the single justice of the Appeals Court. But it is not clear
that the tenant could have raised her challenge when the bond
was first set, because G. L. c. 239, § 5 (f), provides that a
tenant may only challenge the amount of the bond or any periodic
payments and expressly limits the power of a single justice
reviewing the terms of the bond to modifying factual findings or
reducing or rescinding a "bond, deposit or periodic payment."
Regardless, as the nonfinancial bond condition exceeds the
statutory authority of the judge, and thus implicates subject
matter jurisdiction, we may consider it now. See Maxwell v. AIG
Dom. Claims, Inc., 460 Mass. 91, 99 (2011) (challenge to subject
matter jurisdiction can be raised at any point in proceedings).
See also Ryan v. Kehoe, 408 Mass. 636, 641 (1990) ("The
statutory grant of jurisdiction to the Housing Court limits the
court's equity powers to enumerated statutory claims . . .").
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