After the court issued its Memorandum and Order and Judgment on October 8, 2020, plaintiff Kenneth B. Krohn (Krohn) timely filed Plaintiff's Motion to Amend the Recent Judgment and Order Pursuant to Mass. R. Civ. P. 52 and 59 and to Transfer the Instant Case to the Middlesex Superior Court for Further Proceedings Pursuant to the Final Paragraph of Mass. Gen. Laws. Ch. 185, § 15 (Motion to Amend Judgment and to Transfer) and the accompanying Affidavit of Plaintiff, Kenneth B. Krohn, Dated October 12, 2020 (Krohn Affidavit) on October 12, 2020. The defendants filed Defendants' Opposition to Plaintiff's Motion to Amend the Recent Judgment and Order Pursuant to Mass. R. Civ. P. 52 and 59 and to Transfer the Instant Case to the Middlesex Superior Court for Further Proceedings Pursuant to the Final Paragraph of Mass. Gen. Laws. Ch. 185, § 15 on October 21, 2020. Pursuant to Land Court Rule 6, the court decides the Motion to Amend Judgment and to Transfer without hearing.
Krohn has presented no reason to amend the court's judgment. The case remains moot, and there is still no reason to consider a moot question in these circumstances. In the Krohn Affidavit, Krohn does present evidence that the dispute with 12 Arnold Circle, LLC, the previous potential buyer, over return of the deposit is ongoing. That continuing dispute does not, however, provide a reason to reopen the case, allow Krohn to amend the complaint to add 12 Arnold Circle, LLC, as a defendant, and then transfer the case to the Middlesex Superior Court. Krohn's motion to amend the complaint was previously denied, and then judgment entered. To reopen the case simply to amend the complaint to add a claim over which this court has no subject matter jurisdiction for the sole purpose of transferring the case to the Superior Court is a byzantine waste of court resources. Because Krohn's motion to amend was denied, nothing is preventing him from filing an action in the Superior Court to determine the rights of the parties with respect to the disputed deposit. This case, however, is over.
For the forgoing reasons, the Motion to Amend Judgment and to Transfer is DENIED
SO ORDERED
KENNETH B. KROHN, Ph.D., J.D., Plaintiff, v. THE CITY OF CAMBRIDGE, THE BOARD OF ZONING APPEAL OF THE CITY OF CAMBRIDGE, and SLATER W. ANDERSON, ALEXANDER CONSTANTINE, JANET O. GREEN, ALISON HAMMER, ANDREA A. HICKEY, JIM MONTVERDE, BRENDAN SULLIVAN and LAURA A. WERNICK, as they are members of the BOARD OF ZONING APPEAL OF THE CITY OF CAMBRIDGE, Defendants and 12 ARNOLD CIRCLE, LLC, Rule 19 Party