Fabiano v. Boston Redevelopment Authority

The plaintiff Marie L. Fabiano raises two issues on appeal. First, she claims error in the allowance of defendant Franklin Square Apartments’ (FSA) motion to dismiss, Mass.R.Civ.P. 12(b)(6), 365 Mass. 754 (1974), her complaint. As to this, she contends that the claims asserted concerning zoning violations are neither preempted by Federal supremacy, art. VI, *67cl. 2, of the United States Constitution, nor time-barred. Second, she asserts error in allowing FSA to intervene belatedly as a defendant. We conclude that while there was no abuse of discretion in permitting FSA to intervene, it was…