Opinion
17-P-1361
06-07-2018
CHARLES C. STOVER, THIRD, & another v. DEPARTMENT OF CONSERVATION & RECREATION.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiffs appeal from a judgment of the Land Court granting summary judgment in favor of the defendant, and dismissing without prejudice the plaintiffs' action to quiet title to the residential property located at 72 St. Mary's Street, Newton, for lack of subject matter jurisdiction. Because this case is controlled in all respects by Murray v. Department of Conservation & Recreation, 475 Mass. 99 (2016), we affirm the judgment dismissing the action.
Judgment affirmed.
By the Court (Milkey, Hanlon & Singh, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: June 7, 2018.