Stripinis v. Whitman-Hanson Regional District School Committee

372 N.E.2d 1313, 6 Mass. App. Ct. 853, 1978 Mass. App. LEXIS 687

Opinion

We view this matter, as we must, as an action under G. L. c. 71, § 43A, as appearing in St. 1975, c. 337. If the judge erred in dismissing the plaintiff’s action pursuant to Mass.R.Civ.P. 12(b), 365 Mass. 755-756 (1974), review of the ensuing judgment may not be had by way of appeal. MacKenzie v. School Comm. of Ipswich, 342 Mass. 612, 613-614 (1961), and cases cited. The proper method of raising the issues which the plaintiff has attempted to argue in this court is discussed in Dixon v. School Comm. of Framingham, 5 Mass. App. Ct. 857 (1977).

Jeffrey M. Freedman for the plaintiff. James A. Toomey for the defendant.

Appeal dismissed.