Supreme Judicial Court of Massachusetts, Nantucket.
LIACOS, J.
The plaintiff town of Nantucket filed a complaint on June 23, 1978, to obtain declaratory and injunctive relief pursuant to G.L.c. 231A, § 1, and G.L.c. 185, § 1 (k). The defendant, Walter Beinecke, Jr., moved to dismiss the complaint under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), on the ground, inter alia, that the complaint shows on its face that the action is barred by the statute of limitations. On January 11, 1979, a judge...
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