Word: complaints
(lookup in dictionary)
(lookup stats)
Dates: all
Sort By: most recent first
(reverse)
...statutory interpretation, the development of a factual record is unnecessary. We conclude that the judge did not err in determining that the documents sought by the Crimson from the HUPD were not "public records" subject to mandatory disclosure under G.L. c. 66, § 10. [FN4] The Crimson's complaint was properly dismissed...
...purpose of rule 12(b)(6) is to permit prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiff's claim is legally insufficient. See General Motors Acceptance Corp. v. Abington Cas. Ins. Co., 413 Mass. 583, 584 (1992); Fabrizio v. Quincy, 9 Mass.App.Ct. 733, 734 (1980). In evaluating the allowance of a motion to dismiss, we are guided by the familiar principle that a complaint is sufficient "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of [its] claim which would entitle [it] to relief." Nader...
...brief, the Crimson has noted that potential constitutional questions may arise if HUPD records are exempted from public disclosure. Because the Crimson did not raise this issue in its complaint or before the Superior Court, it has been waived. See Salem v. Bureau of Special Educ. Appeals of the Dep't of Educ., 444 Mass. 476, 485-486 (2005); Albert v. Municipal Court of the City of Boston, 388 Mass...
...records law. See Attorney Gen. v. Kenco Optics, Inc., 369 Mass. 412, 418 (1976) ("When an action for declaratory relief is properly brought and relief is denied on the merits, the action should not be dismissed," and the rights of the parties should be declared). However, dismissal of a complaint pursuant to Mass. R. Civ. P. 12(b)(6), 365 Mass. 754 (1974), does not constitute a decision on the merits and, therefore, declaratory judgment should not enter. See Wallerstein v. Bar Examiners, 414 Mass...
...complaint, the Crimson sets forth no information as to whether it has sought access to entries in the HUPD's daily logs...