Robert R. Berluti secures dismissal for client against a retaliatory lawsuit filed by an abutter

Roberta Tonsberg sued her neighbor for violating deed restrictions prohibiting swimming pools.  She won her lawsuit in Land Court.  While it was pending, her neighbor sued her for abuse of process and three other claims.  She filed an Anti SLAPP Motion that was denied by the Superior Court.  She appealed and the Appeals Court remanded the case finding the Superior Court did not apply the right analysis.  On remand, the Superior Court allowed her Anti SLAPP Motion dismissing all claims against her.  The remainder of the suit against her husband settled shortly thereafter with the Plaintiff dismissing its lawsuit receiving no payment.  Read More Here.  Appeals Court Decision.