Whitehouse v. Town of Sherborn

The plaintiffs brought an action in the Superior Court in January, 1980, claiming that an order of taking recorded by the town of Sherborn in May, 1960, was invalid to vest title to the land described in the order in the town. The defendants moved under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), to dismiss the action because it was barred by the applicable limitations periods set forth in G. L. c. 79 and by laches. A judge of the Superior Court allowed the defendants’ motion. The plaintiffs have appealed from the ensuing judgment.

The facts (which are uncontroverted) and the contentions of…