The present action was initiated by Prestige Car Wash, Inc., and Stoughton Car Wash Group, LLC, by Verified Complaint filed April 1, 2014. Pursuant to G. L. c. 40A § 17, Plaintiffs appeal a decision of the Stoughton Planning Board granting GC CF New England, LLC (GC) site plan approval for a convenience store and accessory gasoline station. GC filed a motion to dismiss Plaintiffs complaint on April 22, 2014, pursuant to Mass. R. Civ. P. 12(b)(6), for failure to state a claim for which relief can be granted, and pursuant to Mass. R. Civ. P. 12(b)(1), for lack of standing.
An Order of even date herewith, allowing Defendant GCs motion to dismiss under both Mass. R. Civ. P 12 (b)(6) and 12 (b)(1) has issued. In accordance with that Order, it hereby is
ADJUDGED and ORDERED that the case hereby is DISMISSED.