FAI PROPERTIES, LLC, v. CITY OF QUINCY.

The complaint (Complaint) in this action was filed on October 22, 2018. On October 29, 2018, the court issued an Order to Attend Hearing on November 20, 2018 to Review this Court's Subject Matter Jurisdiction. The Plaintiff, FAI Properties, LLC's, Response to the Order to Attend Hearing on November 20, 2018 to Review this Court's Subject Matter Jurisdiction and Affidavit of Attorney Jack P. Milgram were filed on November 19, 2018. At the hearing on November 20, 2018, the court heard argument from FAI and the City of Quincy at the hearing and allowed each an opportunity to file further responses. The Defendant City of Quincy's Motion to Dismiss and Defendant City of Quincy's Memorandum of Law were filed on November 23, 2018. The Plaintiff, FAI Properties, LLC's Statement in Opposition to Defendant, City of Quincy's Motion to Dismiss and Affidavit of Jack P. Milgram were filed on December 7, 2018, at which time the court took the issue of its subject matter jurisdiction to adjudicate the claim in the Complaint under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has determined it lacks subject matter jurisdiction over the claim in the Complaint.

In accordance with the court’s Memorandum and Order issued today, it is

ORDERED AND ADJUDGED that the Complaint is DISMISSED without prejudice.

By the Court.