Maynard Retirement Board v. Justices of Concord Division

Curran, Dennis J., J.

The Maynard Retirement Board denied retirement benefits to Anthony Tyler under G.L.c. 32, §§10(1) and 15(4). That decision was reversed by a district court judge. The Retirement Board presently seeks review of that reversal under G.L.c. 249, §4. Tyler has filed a motion to dismiss which, for the following reasons, is DENIED.

I. BACKGROUND

In addition to accepting as true the factual allegations in the Board’s complaint for purposes of a motion to dismiss under Rule 12(b) (6), the court may also take into consideration the record of the district court proceedings (“Record”).…