Aug 1 2017

Courtroom Success 2017-23: Morrison Mahoney Partner Gareth Notis

Morrison Mahoney Partner Gareth Notis recently prevailed before the Massachusetts Appeals Court, which affirmed an award of summary judgment entered by the Superior Court.

The plaintiff asserted claims against a municipal Zoning Board of Appeals for intentional interference with contractual relations, pursuant to the Massachusetts Civil Rights Act and M.G.L. c. 40A § 17, arising out of a denial of a special permit to operate a non-conforming business in a residentially-zoned location. In affirming the entry of summary judgment, the Appeals Court accepted the defendants’ argument that the doctrine of res judicata barred plaintiff’s claims due to a previous dismissal of the plaintiff's claimagainst the municipality’s Board of Selectmen. Additionally, the Appeals Court agreed with the defendants that their decision was not arbitrary and capricious.

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