Vittands v. Sudduth, 730 N.E.2d 325

Massachusetts Court Of Appeals

2000

Chapter

20

Title

Misuse Of Legal Process

Page

817

Topic

Abuse Of Process

Quick Notes

o         The subsequent misuse of the process, though properly obtained, constitutes the misconduct for which the liability is imposed.

Book Name

Torts Cases, Problems, And Exercises.  Weaver, Third Edition.  ISBN:  978-1-4224-7220-0.

Issue

o         Whether properly obtained process of the court constitutes as misconduct when used for ulterior motives?  Yes.

Procedure

Trial

o         Superior Court Judge granted Motion for injunctive relief ex parte for Neighbors.  Then vacated judgment for Sudduth.  Then allowed Special Motion To Dismiss and awarded $3,255 to the Neighbors.

Appellant

o         Because summary judgment should not have entered on Sudduth's abuse of process and emotional distress claims, those claims are remanded for trial. We affirm the dismissal of all other claims and motions in this action.

Facts

Reasoning

Rules

Pl Vittands

Df Sudduth

What happened?

o         Sudduth purchased a six-lot subdivision containing lot 4A in 1985.

o         Sudduth sought to develop the subdivision for rental use.

o         The Neighbors felt that lot 4A was their private park where their children played.

o         Through administrative proceedings and litigation the neighbors actively opposed the development for 9 years.

On-Site Sewage Permit Discovered

o         On November 1993, Brian Cassidy discovered for the first time that the city board of health (board) had granted Sudduth an on-site sewage disposal permit in December, 1992.

Sent Letter to the Board

o         Cassidy sent a letter to the board on December 3, 1993, alleging that the sewage disposal system was in violation of board regulations and requesting a review of the situation.

o         The board never responded to this letter.

May 1994 Great Pond Builders

o         Sudduth entered into purchase and sale agreement for July 18, 1994.

Sudduth Contends Trespass

o         Great Pond alleged told Sudduth that neighbors were harassing them.

Neighbors spot Sewage Guy

o         Filed suit against Sudduth in Superior Court.

o         Requesting a temporary restraining order and a preliminary injunction to prevent construction of sewage system.

o         Declaratory judgment that Sudduth needed various from the board and DEP before the plans for the system could be approved.

Neighbors Affidavits

o         Vittand is an environmental engineer.

o         Showed numerous environment violations with State and Local governments.

Hearing Sudduth did not appear

o         Superior Court Judge granted Motion for injunctive relief ex parte.

Sudduth subsequent motion

o         Same Judge vacated preliminary injunction.

Sudduth 4 Counterclaims

o         1) Abuse of process and 2) intentional infliction of emotional distress, 3) costs, and 4) requesting sanctions against Cassidy.

Judge (Favor of Sudduth)

o         Summary Judgment in favor of Sudduth on the neighbors lawsuit.

Great Ponds Builders

o         Opted not to complete, b/c the neighbors claims were outstanding.

Sudduth Marketability Problems

o         No potential buyers were interested b/c of neighbors actions.

Neighbors Special Motion

o         Special motion to dismiss counterclaims.

Superior Court

o         Allowed special motion.

o         Awarded attorney fees to Neighbors.

Sudduth Bankruptcy

o         Lot 4A was sold to pay accumulated taxes on the land.

Court Ruling on Special Motion To Dismiss

o         Denied neighbors motion, because Sudduth met statutory burden and neighbors claim was devoid of facts and merit.

o         Allowed motion for summary judgment on ALL of Sudduths counterclaims.

o         Both Parties appealed.

Court - Sudduths Counterclaims

o         Granted in favor of the neighbors on all of Sudduth's counterclaims, namely abuse of process, intentional infliction of emotional distress, costs, and rule 11 sanctions.

Civil Procedure Rules

o         Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on  file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."

o         We review the granting of summary judgment on each of Sudduth's counterclaims.

Court Abuse of Process

Abuse of Process

The essential elements of the tort of abuse of process are

(1) "process" was used;

(2) for an ulterior or illegitimate purpose;

(3) resulting in damage.

o         More specifically, abuse of process has been described as a form of coercion to obtain a collateral advantage, not properly involved in the proceeding itself, such as the surrender of property or the payment of money.

o         It is immaterial that the process was properly issued, or that it was obtained in the course of proceedings that were brought with probable cause and for a proper purpose.

o         The subsequent misuse of the process, though properly obtained, constitutes the misconduct for which the liability is imposed.

o         Further, the ulterior motive may be shown by showing a direct demand for collateral advantage, or it may be inferred from what is said or done about the process.

Court Superior Ct. Judge (Granting Summary Judge to Neighbors on Abuse Claim)

o         The record is insufficient to warrant a fact-finder in concluding that the original complaint was brought for an 'ulterior purpose,'"

o         It was the only element of Sudduth's claim that was challenged by the neighbors.

o         We think the affidavits supplied by Sudduth present a genuine issue of material fact whether the neighbors had an ulterior purpose in bringing suit against Sudduth.

Court Light Most Favorable to Sudduth

o         A jury could reasonably infer that the neighbors served their complaint for an ulterior, illegitimate motive, namely to maintain their access to Sudduth's private property by involving the property in protracted litigation before the sale could be finalized.

Courts Conclusion

o         Where state of mind is an essential element of the cause of action, summary judgment is disfavored.

o         Because summary judgment should not have entered on Sudduth's abuse of process and emotional distress claims, those claims are remanded for trial.

o         We affirm the dismissal of all other claims and motions in this action

Rules

Abuse of Process

The essential elements of the tort of abuse of process are

(1) "process" was used;

(2) for an ulterior or illegitimate purpose;

(3) resulting in damage.

o         More specifically, abuse of process has been described as a form of coercion to obtain a collateral advantage, not properly involved in the proceeding itself, such as the surrender of property or the payment of money.

o         It is immaterial that the process was properly issued, or that it was obtained in the course of proceedings that were brought with probable cause and for a proper purpose.

o         The subsequent misuse of the process, though properly obtained, constitutes the misconduct for which the liability is imposed.

o         Further, the ulterior motive may be shown by showing a direct demand for collateral advantage, or it may be inferred from what is said or done about the process..

Class Notes

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