Town of Burlington v. District Attorney for the Northern District

In this action commenced in the county court by the town of Burlington and the town’s selectmen, as plaintiffs, against the district attorney for the Northern district, as defendant,2 the defendant answered the complaint (as amended) with denials and affirmative defenses, and then moved for judgment on the pleadings. Mass. R. Civ. P. 12 (c), 365 Mass. 754 (1974). The effect of the motion was to challenge the legal sufficiency of the complaint. *718See J.W. Smith & H.B. Zobel, Rules Practice § 12.16 (1974). A single justice of this court allowed the motion, with brief memorandum, and from the…