August 19, 2024 – In a Worcester Superior Court case defended by Attorneys Courtney Mayo and Wendy Quinn, Hassett | Donnelly prevailed in first obtaining summary judgment and then an affirmance by the Appeals Court.
Frank C. Chiodo, Jr., doing business as F.C. Chiodo, Jr. Excavating Company (Chiodo), filed suit against the Town of Bolton (Town) and the former Director of the Department of Public Works, Joseph Lynch, alleging defamation; violations of the Massachusetts Civil Rights Act (MCRA), G. L. c. 12, § 11I; and intentional interference with advantageous relations; among other claims, arising from disputes about snowplowing and improper disposal of tree stumps following excavation of Chiodo’s property. The Superior Court allowed Defendants’ Motion for Summary Judgment on all counts and denied Chiodo’s Motion to Compel unredacted Town Select Board executive session meeting minutes, and Chiodo appealed.
On appeal, Chiodo argued that there were disputed facts to defeat summary judgment on the defamation, MCRA and advantageous relations claims, and that the Superior Court erred in denying the Motion to Compel. In a Rule 23.0 decision, the Appeals Court affirmed the Superior Court decisions and judgment in the Town’s and Lynch’s favor. The Appeals Court agreed that the summary judgment record did not establish a false statement of fact, as opposed to opinion, sufficient for a defamation claim. Chiodo did not allege that the snowplowing incident or the complaint about the improper disposal of tree stumps constrained him from speaking or petitioning the government for an MCRA claim. Chiodo’s claim of retaliation for prior speech was not cognizable under the MCRA. Further, Mr. Chiodo had no reasonable expectation of proving the essential elements of his intentional interference with advantageous relations claim where he voluntarily terminated his snowplowing contract with the Town in 2018 and continued to plow for the schools. Finally, the Appeals Court held that Chiodo did not show that the trial court abused its discretion in determining that the meeting minutes were protected by attorney-client privilege and irrelevant, so he waived the issue. Plaintiff’s Application for Further Appellate Review is pending.
To read the full decision, click here. Frank C. Chiodo, Jr. v. Town of Bolton & another. 104 Mass.App.Ct. 1118 (2024)