Thomson v. Town of Andover Board of Appeals

The plaintiffs, Patricia Thomson and others brought suit appealing the issuance of a special permit by the Andover Board of Appeals to John Delourey (Delourey). Delourey brought a counterclaim alleging defamation.3 The plaintiffs, pursuant to G.L.c. 231, §59H, have specially moved to dismiss the defamation counterclaim, which they assert is based on an exercise of their constitutional right of petition. Delourey moves for the dismissal of Count II of the plaintiffs’ Complaint, and asks the court to award attorneys fees for having to defend this allegedly frivolous count. For the following…