Bartlett v. Greyhound Real Estate Finance Co.

The plaintiffs sued Greyhound Real Estate *283Finance Co., the owner of a marina in Falmouth, in an attempt to frustrate Greyhound’s efforts to obtain regulatory approval for pier extensions at its marina. On Greyhound’s motion under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), a Superior Court judge dismissed the complaint because of the plaintiffs’ failure to have exhausted their administrative remedies and other procedural defects. After a hearing, another Superior Court judge allowed Greyhound’s motion, pursuant to G. L. c. 231, § 6F, for sanctions on account of the plaintiffs’…