Baker v. Parsons
Massachusetts Supreme Judicial Court
434 Mass. 543, 750 N.E.2d 953 (2001)
- Written by Andrea Smith, JD
Facts
John Baker (plaintiff) purchased land on Clark’s Island in Plymouth and started a tree farm. Baker applied to the government for a permit to build a pier on Baker’s property. In reviewing the application, the government solicited comments from agencies, one of which asked Dr. Katherine Parsons (defendant) for comment. Parsons had studied bird populations on Clark’s Island for many years. Parsons wrote a letter to the government agency asserting that under Baker’s ownership, the birds’ habitat on Clark’s Island had been degraded. Baker sued Parsons, alleging tortious interference with Baker’s permit application. While the case was pending, the Massachusetts legislature enacted an anti-SLAPP statute. Parsons filed a special motion to dismiss under the new law, which was granted by the trial court judge. Baker appealed, arguing that the case was not a “typical” SLAPP suit under the statute and that dismissal was inappropriate because Parsons knew the statements were false.
Rule of Law
Issue
Holding and Reasoning (Cordy, J.)
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