Moduform, Inc. v. Planning Board of City

This action is an appeal under G.L.c. 40A, §17 and G.L.c. 41, §81BB of the approval of a cluster development residential subdivision in Fitch-burg, Massachusetts. This matter is presently before the Court on Benjamin Builders Realty Trust, Gary Lorden’s (“Lorden”) motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(1). For the reasons set forth below, Lorden’s motion to dismiss is DENIED.

DISCUSSION

A plaintiffs standing may be challenged by a motion to dismiss under Mass.R.Civ.P. 12(b)(1). Ginther v. Commissioner of Insurance, 427 Mass. 319, 322 (1988). The court should “accept the factual…