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.