David A. Barry, Trustee of the 91 Lazell Street Realty Trust, and Nancy B. Barry, Trustee of the Zero Lazell Street Realty Trust, (collectively, Plaintiffs) filed a verified complaint on September 14, 2018, against Steven Murphy, Chief of the Hingham Fire Department; Michael J. Clancy, Hingham Building Commissioner; and the Town of Hingham (Hingham) (collectively, Defendants). Plaintiffs seek a determination as to the validity of a requirement set forth in a certain "Policy Statement Regarding Town of Hingham Bylaws, Fire Prevention Regulations Article 32, Section 9—Fire Hydrants." On October 22, 2018, Defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim pursuant to Mass. R. Civ. P. 12 (b) (1) and 12 (b) (6) (motion to dismiss). Subsequently, Plaintiffs submitted an amended verified complaint (amended complaint) on October 29, 2018.
The parties appeared before this court (Lombardi, J.) on December 4, 2018, and argued the motion to dismiss as it pertained to the amended complaint. An order issued this day allowing the motion to dismiss. Accordingly, it is\
ORDERED and ADJUDGED that the amended complaint is dismissed without prejudice.
SO ORDERED.
DAVID A. BARRY, TRUSTEE of 91 LAZELL STREET REALTY TRUST, and NANCY B. BARRY, TRUSTEE of ZERO LAZELL STREET REALTY TRUST v. STEVEN MURPHY, Chief of the Hingham Fire Dept., MICHAEL J. CLANCY, Hingham Building Comm., and the TOWN OF HINGHAM.