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BRICE ESTATES, INC. v. SMITH

No. 09-P-738.

76 Mass. App. Ct. 394 (2010)

BRICE ESTATES, INC. v. ALAN F. SMITH & others.

Appeals Court of Massachusetts, Worcester.

March 2, 2010.

Attorney(s) appearing for the Case

J. Mark Dickison for the defendants.

George P. Kiritsy for the plaintiff.

Present: KATZMANN, GRAINGER, & MEADE, JJ.

GRAINGER, J.

Shortly after the defendants, Alan F. Smith and James Donaldson, submitted documentation to the Massachusetts Division of Fisheries and Wildlife's Natural Heritage and Endangered Species Program (program) delaying the plaintiff's efforts to complete its development project, the plaintiff filed suit alleging trespass.2 A judge of the Superior Court denied the defendants' special motion to dismiss under G. L. c. 231, §...

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