Liberty Commons Realty Trust v. Gurge

Plaintiffs (“Liberty” and “Wildwood”) filed a complaint requesting this court to review a decision by the Leominster Planning Board to approve a site plan. Defendant Leominster Materials Corporation (“LMC”) was named as a defendant in the instant complaint because LMC, as the original petitioner before the Planning Board for the site plan approval, is required by G.L.c. 40A, §17 to be joined as a party. LMC now moves for dismissal, alleging a lack of jurisdiction with respect to Wildwood and failure to state a claim upon which relief may be granted with respect to both Wildwood and Liberty.…