John Donnelly & Sons, Inc. v. Outdoor Advertising Board
John Donnelly & Sons, Inc. v. Outdoor Advertising Board
Opinion of the Court
In the context of the record before us, the only question is whether a motion to dismiss under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755-756 (1974), lies in civil actions commenced pursuant to G. L. c. 30A, § 14(1). 1. Prior to the implementation of the new rules of civil and appellate procedure, motions made prior to the filing of the administrative record were part of routine practice in proceedings seeking judicial review of administrative decisions. E.g., Kopelman v. University of Mass. Bldg. Authy. 363 Mass. 463, 465 (1973). There is nothing in G. L. c. 30A, § 14, as appearing in St. 1973, c. 1114, § 3, which would dictate a different result. Bearing in mind that the legislative purpose of the amendment to G. L. c. 30A, § 14, was to harmonize the statute with the new rules of civil and appellate procedure (Schulte v. Director of the Div. of Employment Security, 369 Mass.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.