Dus v. Town of Hancock

The plaintiff, a landowner in the town of Hancock (town), filed a complaint in the Land Court seeking a declaratory judgment that the town had a duty, pursuant to G. L. c. 84, to repair and maintain Tower Mountain Road, the dirt road providing access to his land. In a comprehensive written decision, the judge dismissed the plaintiff's complaint pursuant to Mass.R.Civ.P. 12(b)(1), 365 Mass. 754 (1974), for lack of subject matter jurisdiction and the plaintiff's lack of standing. The plaintiff appeals from the dismissal. We affirm.

Background. The underlying action is the most recent in more…