Massachusetts Superior Court June 23, 2003, No. 020446B (Moduform, Inc. v. Planning Board of City)

Fishman, J.

This action is an appeal under G.L.c. 40A, §17 and G.L.c. 41, §81BB of the approval of a cluster development residential subdivision in Fitch-burg, Massachusetts. This matter is presently before the Court on Benjamin Builders Realty Trust, Gary Lorden’s (“Lorden”) motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(1).