Home JAMES T. LICHOULAS, JR., Individually and as Trustee of the Appleton Trust, the Appleton Mill No. 5 Parking Trust, the Appleton Mill No. 5 Realty Trust, and the Parcel 291 Realty Trust v. CITY OF LOWELL

MISC 09-396099

June 11, 2009


Scheier, C.J.


Plaintiff initiated this action on March 23, 2009, seeking a determination that Defendant’s 2006 eminent domain taking of property owned by Plaintiff pursuant to G. L. c. 79 and G. L. c. 121B, was unlawful and invalid. That same date, Plaintiff filed a Motion for Endorsement of Memorandum of Lis Pendens. Defendant filed its opposition to Plaintiff’s motion on April 23, 2009, together with Defendant’s Motion to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(1) and 12(b)(6). Both motions were heard on May 7, 2009, and the parties submitted further briefing on certain jurisdictional issues following the hearing.

An order denying Plaintiff’s Motion for Endorsement of Lis Pendens and allowing Defendant’s Motion to Dismiss under Mass. R. Civ. P. 12 (b)(1) has issued today. In accordance with that order, it is hereby

ADJUDGED and ORDERED that Plaintiff’s complaint is DISMISSED.

By the court (Scheier, C. J.)