This action, commenced in the Land Court on March 7, 2016, pursuant to G. L. c. 40A, §17, came on to be heard by the court (Speicher, J.) on the defendant Lexington Historical Society's motion to dismiss for lack of subject matter jurisdiction pursuant to Mass. R. Civ. P. 12(b)(1). In a decision of even date, the court has made rulings of law and ordered the entry of judgment dismissing this action for lack of subject matter jurisdiction. In accordance with the court's decision, it is
ORDERED and ADJUDGED that the Motion to Dismiss of the of the defendant Lexington Historical Society is ALLOWED, and it is further
ORDERED and ADJUDGED that the plaintiff's Amended Complaint Pursuant To G.L. c. 40A, § 17, is hereby DISMISSED WITH PREJUDICE, and it is further
ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court
AMELIA BERGMANN v. TOWN OF LEXINGTON ZONING BOARD OF APPEALS, JEANNE K. KRIEGER, LEO P. MCSWEENEY, DAVID G. WILLIAMS, RALPH D. CLIFFARD and NYLES N. BARNERT, as they are members of the Town of Lexington Zoning Board of Appeals, and the LEXINGTON HISTORICAL SOCIETY.