Tracy Peterson and Benjamin Fox Tracy obtained dismissal of six claims asserted by a neighboring hotel operator against individual members of a condominium board of managers. In a lawsuit challenging the condominium’s, its board members’ and its managing agent’s right to register complaints about the construction and operation of the hotel, the hotel operator’s complaint asserted claims sounding in breach of contract and tort. Peterson and Tracy successfully moved to dismiss all tort-based claims, as well as the requests for injunctive and declaratory relief. The motion and resulting decision raised interesting issues concerning the freedom to petition the government, leaving them largely unresolved at this pre-answer stage of the lawsuit.
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