PHILIP POST, LINDA POST, DANIEL PAYNE, and PRISCILLA PAYNE v. RICHARD T. ANGELO and VIRGINIA A. ANGELO

This action was commenced by plaintiffs Philip Post, Linda Post, Daniel Payne, and Priscilla Payne on July 24, 2008, seeking to enjoin defendants Richard T. Angelo and Virginia A. Angelo from developing a certain parcel of real property known and numbered as 66R Mill Street, also known as 0 Iveson Street, in Middleton (the Property). Simultaneously, plaintiffs filed an application for preliminary injunction. On August 13, 2008, following a hearing, the Court (Trombly, J.) issued an order denying the application.

On August 22, 2008, defendants filed a motion to dismiss pursuant to Mass. R. Civ. P. 12(b)(1) and (6), for sanctions against attorney Thomas E. Beatrice pursuant to Mass. R. Civ. P. 11, and for award of attorney fees and costs. Plaintiffs filed an opposition to the motion on September 23, 2008.

The motion, inter alia, was argued before the Court on October 31, 2008, and taken under advisement. After carefully consideration of all of the evidence, the Court entered a decision, today, ruling that the plaintiffs’ complaint fails to state a claim upon which relief can be granted.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the Defendants’ motion to dismiss is ALLOWED;

ADJUDGED and ORDERED that the Defendants’ motion for sanctions against attorney Thomas E. Beatrice is DENIED;

ADJUDGED and ORDERED that the Defendants’ motion for award of attorney fees and costs is DENIED and it is further

ADJUDGED and ORDERED that the Complaint be, and is, hereby DISMISSED.

By the Court (Trombly, J.).