Bayview Plaza Associates Ltd. Partnership v. Town of North East (In Re Bayview Plaza Associates Ltd. Partnership)

HELEN S. BALICE, Chief Judge.

This is the court’s decision on the motion of the defendants to dismiss this adversary proceeding. This motion has been fully briefed. A June 10, 1997 letter from defendants’ counsel suggested that this court should hear oral argument on the motion; however, no such argument is necessary.

I. Legal Standard

The motion to dismiss cites, inter alia, Bankruptcy Rule 7012(b)(1) and (3). The defendants assert that this court lacks subject matter jurisdiction to hear the adversary, and that venue is improper in the District of Delaware.

The motion to dismiss for lack of…