In this action, brought pursuant to G. L. c. 30A, § 14, Plaintiffs seek to annul a decision of the Boston Landmarks Commission (Commission) regarding a building located at 330 Boylston Street in Boston (Building). Plaintiffs appeal the decision of the Commission, which refused to designate the Building as a Boston landmark.
On March 31, 2009, The Druker Company, Ltd., filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction Pursuant to Mass. R. Civ. P. 12(b)(1), and on April 17, 2009, the Commission filed a substantively similar motion. A hearing on both motions was held on May 6, 2009, at which all parties were heard. A decision of todays date has issued granting Defendants motions to dismiss pursuant to Mass. R. Civ. P. 12(b)(1). In accordance with that decision, it is hereby
ADJUDGED and ORDERED that this court does not have jurisdiction to hear Plaintiffs complaint and the case hereby is DISMISSED.
By the Court (Scheier, C.J.)
DIANA C. ECKSTEIN, STEVE McCORMACK, REGGIE McCORMACK, MARCI JESSER, TERRENCE OWENS, ROBERT DREYFUS, MARGARET SHEPHERD, DAVID FRIEND, DALE LINDER, SWAMI KUMARESAN, JESSICA McISSAC, ALINE CULLEN, LUIS A. HERNANDEZ, BRIAN WALDORF, RONALD SAMPSON v. BOSTON LANDMARKS COMMISSION and THE DRUKER COMPANY, LTD.