This action was commenced on October 30, 2015 by the filing of the plaintiffs complaint pursuant to G. L. c. 40A, §17 appealing a decision of the Town of Hopkinton Board of Appeals (the Board). The decision of the Board, dated October 14, 2015, granted a special permit with respect to property at 34-40 Hayden Rowe Street, Hopkinton. The defendants filed a motion to dismiss asserting that the court lacks jurisdiction due to a failure by the plaintiffs to give notice to the town clerk within twenty days as required by G. L. c. 40A, §17. By a decision of even date, the court has ALLOWED the defendants motion to dismiss for lack of subject matter
jurisdiction pursuant to Mass. R. Civ. P. 12(b)(1). In accordance with the courts decision, it is
ORDERED and ADJUDGED, that the complaint in this action is hereby DISMISSED, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court
ANN TUITE, JAMES CALLERY, and CLAIRE WRIGHT v. RORY WARREN, MICHAEL J. PEIRCE, MICHAEL DiMASCIO, JOHN SAVIGNANO, and MARK J. HYMAN, as they are members of the HOPKINTON BOARD OF APPEALS, and RPI HOPKINTON, LLC.