Rezendes-Walsh v. City of Boston

The City of Boston ("City”) has moved, under Mass.R.Civ.P. 12(b)(6), for dismissal of Counts I, II, III and V of plaintiffs amended complaint. Those counts purport to state claims by the plaintiff, Linda Rezendes-Walsh, against the City of Boston for constructive taking, unreasonable and capricious application of zoning regulations, civil conspiracy, and declaratory judgment. Each is related to the propriety of the classification of the district in which plaintiffs land is situated as “Open-Space Recreational.” For the reasons stated below, the City of Boston’s motion to dismiss these counts…