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BURLEY v. COMETS COMMUNITY YOUTH CENTER, INC.

No. 08-P-752.

75 Mass. App. Ct. 818 (2009)

JAMES CRAIG BURLEY v. COMETS COMMUNITY YOUTH CENTER, INC.

Appeals Court of Massachusetts, Middlesex.

November 25, 2009.

Attorney(s) appearing for the Case

Leonard M. Davidson for the plaintiff.

Jennifer Ellis Burke for the defendant.

Present: McHUGH, COHEN, & SIKORA, JJ.

COHEN, J.

The plaintiff appeals from the allowance of the defendant's special motion to dismiss under G. L. c. 231, § 59H, the "anti-SLAPP" statute.2 Because we conclude that the defendant did not make the requisite threshold showing that the plaintiff's claims are based solely on the defendant's protected petitioning activity, we reverse.

Background. On July 23, 2003...

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