Vittands v. Sudduth

This case raises the issue of the effective date of the Strategic Litigation Against Public Participation Act (“SLAPP” Act), G. L. c. 231, § 59H (inserted by St. 1994, c. 283, § 1). On June 2, 1994, the plaintiffs commenced an action seeking declaratory and injunctive relief regarding construction of a subsurface sewage disposal system on the defendant’s property.3 The plaintiffs received an ex parte *516temporary restraining order and a preliminary injunction. The defendant filed a motion for summary judgment, a motion to vacate the preliminary injunction, and counterclaims alleging that the…