ANN YARNELL and ROBERT S. YARNELL v. CITY OF LYNN

Plaintiffs Ann Yarnell and Robert S. Yarnell (Plaintiffs) initiated this case on April 19, 2016, seeking to determine the rights of the parties in a right of way (ROW) adjacent to property at 33 Buchanan Circle in Lynn (Property). [Note 1] Plaintiffs claim the ROW is a private right of way located on their property, and that Defendant City of Lynn (Defendant or City) improperly exercised its power of eminent domain in taking the ROW (Order of Taking). Plaintiffs further allege that neighbors, employees of Defendant's various agencies, and members of the public trespass on the ROW.

Defendant filed several motions to dismiss pursuant to Mass. R. Civ. P. 12(b)(1) and (6). Plaintiffs filed oppositions on October 6, 2017 and November 6, 2017.

A decision in Defendant's favor has issued. In accordance with that decision, it hereby is:

ADJUDGED and ORDERED that all counts as asserted by Ann Yarnell are dismissed for lack of jurisdiction or because she lacks standing, and the counts asserted by Robert Yarnell, for failure to state a claim or failure to add necessary and indispensable parties; It is further

ADJUDGED and ORDERED the tort counts asserted by Ann Yarnell falling outside this court’s jurisdiction are dismissed without prejudice.

By the court.