Plaintiff initiated this action on March 23, 2009, seeking a determination that Defendants 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 Plaintiffs motion on April 23, 2009, together with Defendants 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 Plaintiffs Motion for Endorsement of Lis Pendens and allowing Defendants 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 Plaintiffs complaint is DISMISSED.
By the court (Scheier, C. J.)
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