Pursuant to G. L. c. 40A, ยง 17, Plaintiff Debra Waller appealed a decision of the Newton Zoning Board of Appeals (Board), upholding the issuance of a building permit to Defendant General Electric for the installation of a Solar Canopy on a parking garage servicing Defendant Newton-Wellesley Hospital.
Defendants Mohammed Alqaraghuli, General Electric Company, Newton-Wellesley Hospital and Partners Healthcare Systems, Inc. (hereinafter, collectively, the Non-Municipal Defendants) moved to dismiss pursuant to Mass. R. Civ. P. 12(b)(1), and 12(b)(6), on May 23, 2017. On June 1, 2017, the Board, whose members are Defendants, moved to dismiss pursuant to Mass. R. Civ. P. 12(b)(1). A hearing on the motions was held on July 5, 2017, at which all parties were heard. A decision of today's date has issued and, in accordance with that decision, it hereby is:
ADJUDGED and ORDERED that Defendants' Motions to Dismiss pursuant to Mass. R. Civ. P. 12(b)(1), and 12(b)(6), for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted, respectively, are ALLOWED; and Plaintiff's complaint hereby is DISMISSED.
By the court
DEBRA WALLER v. MOHAMMED ALQARAGHULI, GENERAL ELECTRIC COMPANY, NEWTON-WELLESLEY HOSPITAL, PARTNERS HEALTHCARE SYSTEMS, INC. and, BROOKE K. LIPSITT, BARBARA HUGGINS CARBONI, TREFF LAFLECHE, MICHAEL QUINN and MICHAEL ROSSI, as they are MEMBERS of the NEWTON ZONING BOARD OF APPEALS.