Partner Adam Simms Prevails in Massachusetts Appeals Court

By
PDP Staff
April 5, 2023
Partner Adam Simms Prevails in Massachusetts Appeals Court

Partner Adam Simms Prevails in Massachusetts Appeals Court

Partner Adam Simms Prevails in Massachusetts Appeals Court
Post by
PDP Team
April 5, 2023

Partner Adam Simms Prevails in Massachusetts Appeals Court

PDP Team
April 5, 2023
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On Wednesday, Partner Adam Simms obtained a summary decision from the Massachusetts Appeals Court that affirmed summary judgment in favor of the firm’s clients, the City of Amesbury and its former mayor (in his individual capacity). The Court affirmed dismissal of the plaintiffs’ claim the former mayor intentionally interfered with an advantageous economic relationship and their claim for declaratory relief against both the City and former mayor.

As to the intentional interference claim, the Court concluded that the Superior Court correctly held that the former mayor was shielded from liability by the common-law immunity doctrine. It found no evidence that he acted with malice, bad faith or corruptly when he decided not to enter into a host community agreement but instead required the plaintiffs to obtain a special permit from the planning board to establish a retail cannabis store in the City.

As to the declaratory relief claim, the Court agreed with the trial judge that the relief requested in the plaintiffs’ complaint was too amorphous, as it did not request any particular declaration.

Please join us in congratulating Adam, as well as Justin L. Amos who joined him on the brief!

The case was captioned 𝑀𝑎𝑠𝑡𝑟𝑎𝑛𝑔𝑒𝑙𝑜, 𝑒𝑡 𝑎𝑙. 𝑣. 𝐶𝑖𝑡𝑦 𝑜𝑓 𝐴𝑚𝑒𝑠𝑏𝑢𝑟𝑦, 𝑒𝑡 𝑎𝑙., 22-P-00663

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About Pierce Davis & Perritano

Based in Boston, Massachusetts, Pierce Davis & Perritano also has offices in Providence, Rhode Island, Bridgeport, Connecticut, and California.  PDP’s wealth of experience in a wide range of practice areas makes our firm well-suited to guide clients through all phases of litigation.