Massachusetts Appeals Court March 30, 2000, No. 98-P-786 (Fabiano v. Boston Redevelopment Authority)

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United States · · · 30-03-2000

Lenk, J.

The plaintiff Marie L. Fabiano raises two issues on appeal. First, she claims error in the allowance of defendant Franklin Square Apartments’ (FSA) motion to dismiss, Mass.R.Civ.P. 12(b)(6), 365 Mass. 754 (1974), her complaint. As to this, she contends that the claims asserted concerning zoning violations are neither preempted by Federal supremacy, art. VI, *67cl.

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