Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)

Citation: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Parent Document: Cook v. Cullen, 23 Mass. L. Rptr. 504 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-12-28
Original Source: https://www.courtlistener.com/opinion/8356738/cook-v-cullen/ ↗

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Relevant law quoted by the Plaintiffs is inaccurate. In Bell v. Mazza, 394 Mass. 176 (1985), the Court held that the allegations in the complaint that abutters opposing their neighbors’ construction of a tennis court were engaged in a joint venture for the purpose of interfering with the neighbors’ properly rights were sufficient to overcome a motion to dismiss. The Plaintiffs erroneously cite the following: “Allegations which merely indicate that a party will petition for the redress of grievances, absent extraordinary circumstances, are not sufficient to state a claim under G.L.c. 12, § 111.” The sentence actually reads: “It is important to note, however, that allegations which merely indicate that a defendant petitioned for the redress of grievances, absent extraordinary circumstances, are not sufficient to state a claim under G.L.c. 12, §111.”

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