jurisdiction massachusetts
Proper jurisdiction for injunctive relief not involving a monetary claim in Boston
<p>I am trying to figure out the proper venue for petitioning a civil injunction, a complicated problem in Boston. The pleading is for a mandatory injunction against the directors of a corporation located in Boston which does not involve any monetary claims.</p>

<p>There are two possible venues: the Central Division of the Boston Municipal Court and the Suffolk County Superior Court.</p>

<p>I have read conflicting information. On one hand I have read that the Superior Court only hears cases involving claims over $25,000, however, I have also read that the the municipal court's jurisdiction only extends to cases cases involving monetary claims, and if a tort does not involve monetary damages, and only injunctive relief and does not fall into a special category (family, probate, etc), then it has Superior Court jurisdiction. Any opinions which it should be?</p>

<p><strong>Short Answer</strong></p>

<p>The Superior Court is the court of general jurisdiction and the primary equity court will full authority over cases seeking injunctive relief. So, if the case does not fall into a category such as family court, probate court, or land court, the Superior Court is probably the correct court.</p>

<p>The District Court has limited equity jurisdiction, but the wording of the statute giving it equity jurisdiction is ambiguous and doesn't appear to divest the Superior Court of any authority, so the Superior Court is probably correct, although it is hard to know without more information. For example, Housing Court is part of District Court (i.e. Boston Municipal Court), and so injunctions relating to landlord-tenant issues might properly be brought in that court.</p>

<p><strong>Superior Court Jurisdiction</strong></p>

<p>Superior Court original civil jurisdiction (i.e. opposed to appellate or criminal jurisdiction), other than territorial jurisdiction (I am assuming that Boston is actually the right location for your claim without knowing what it is for sake of argument) is as follows:</p>

<blockquote>
  <p>The court shall have exclusive original jurisdiction of civil actions
  for the foreclosure of mortgages, and of real and mixed actions,
  <strong>except those of which the land court or district courts have
  jurisdiction</strong>, of complaints for flowing lands, and of claims against
  the commonwealth. Except as otherwise provided by law, the court shall
  have original jurisdiction of civil actions for money damages. The
  actions may proceed in the court only if there is no reasonable
  likelihood that recovery by the plaintiff will be less than or equal
  to $25,000, or an amount ordered from time to time by the supreme
  judicial court. Where multiple damages are allowed by law, the amount
  of single damages claimed shall control.</p>
</blockquote>

<p>Mass. Gen. Laws ch. 212, § 3.</p>

<blockquote>
  <p>The court shall have original jurisdiction of all civil actions,
  except those of which other courts have exclusive original
  jurisdiction.</p>
</blockquote>

<p>Mass. Gen. Laws ch. 212, § 4.</p>

<p>Also, in cases at equity, which would include suits for an injunction:</p>

<blockquote>
  <p>The supreme judicial and superior courts shall have original and
  concurrent jurisdiction of all cases and matters of equity cognizable
  under the general principles of equity jurisprudence and, with
  reference thereto, shall be courts of general equity jurisdiction,
  except that the superior court shall have exclusive original
  jurisdiction of all actions in which injunctive relief is sought in
  any matter involving or growing out of a labor dispute as defined in
  section twenty C of chapter one hundred and forty-nine.</p>
</blockquote>

<p>Mass. Gen. Laws ch. 214, § 1.</p>

<p>The Supreme Judicial Court is the state supreme court in the state.</p>

<p><strong>District Court</strong></p>

<p>The territorial jurisdiction of the Boston Municipal Court is a bit odd:</p>

<blockquote>
  <p>The municipal courts in Boston shall have concurrent jurisdiction over
  all waters, islands and places not included in the district of any one
  of said courts or of the district court of Chelsea, and within the
  jurisdiction of the superior court for Suffolk county, except as
  provided in the preceding and following sections.</p>
</blockquote>

<p>Mass. Gen. Laws ch. 218, § 2</p>

<p>The general civil jurisdiction of the Boston Municipal Court which is a form of District Court is as follows:</p>

<blockquote>
  <p>Except as otherwise provided by law, the district court and Boston
  municipal court departments shall have original jurisdiction of civil
  actions for money damages. The actions may proceed in the courts only
  if there is no reasonable likelihood that recovery by the plaintiff
  will exceed $25,000, or an amount ordered from time to time by the
  supreme judicial court. Where multiple damages are allowed by law, the
  amount of single damages claimed shall control. Notwithstanding the
  limitation of $25,000, or other amount ordered by the supreme judicial
  court, the district courts may proceed with actions for money damages
  in any amount in summary process actions. The Boston municipal and
  district court departments shall have original jurisdiction concurrent
  with the probate and family court department of actions relative to
  paternity and support under chapter two hundred and nine C. The
  district courts shall also have jurisdiction of actions in summary
  process under chapter two hundred and thirty-nine and in the hearing
  and disposition of such actions shall have the same equitable powers
  and jurisdiction as is provided for the divisions of the housing court
  department pursuant to section three of chapter one hundred and
  eighty-five C. The Boston municipal and district court departments
  shall have original jurisdiction concurrent with the probate and
  family court department of proceedings under chapter two hundred and
  nine D. They shall have jurisdiction of proceedings transferred to
  them under the provisions of section four A of chapter two hundred and
  eleven.</p>
</blockquote>

<p>Mass. Gen. Laws ch. 218, § 19.</p>

<p>The equitable powers of the Boston Municipal Court are as follows:</p>

<blockquote>
  <p>The district court and Boston municipal court departments of the trial
  court shall have the same equitable powers and jurisdiction as is
  provided for the superior court pursuant to chapter 214 and the same
  authority with regard to declaratory judgments as is provided for the
  superior court pursuant to chapter 231A for the purpose of the hearing
  and disposition of summary process actions and of civil actions for
  money damages under section 19 of this chapter.</p>
  
  <p>The district courts shall have original jurisdiction in rem and
  personam of all actions arising under sections one hundred and
  twenty-seven A to one hundred and twenty-seven K, inclusive, of
  chapter one hundred and eleven. <strong>The district courts shall have equity
  powers only to the extent necessary to enforce the aforementioned
  sections, including the power to appoint receivers, grant injunctions
  and issue restraining orders as justice and equity may require and for
  punishing civil contempt of orders, rulings and decrees made or
  pronounced in the exercise of this jurisdiction.</strong></p>
  
  <p>Subject to the approval of the supreme judicial court, the chief
  justice for the district court department may from time to time
  promulgate rules and prescribe forms for the efficient operation of
  such equity sessions in the courts of the district court department;
  and in the Boston municipal court department the chief justice for
  said department may promulgate such rules and prescribe such forms.</p>
</blockquote>

<p>Mass. Gen. Laws ch. 218, § 19C</p>

<p>Section 127 basically involves supervisory authority over jails. </p>
