Allegaert v. Harbor View Hotel Owner LLC

Summary

The court held that Harbor View's abuse-of-process counterclaim was subject to dismissal under the anti-SLAPP statute because it targeted Allegaert's petitioning activity and Harbor View failed to show that her lawsuit lacked any reasonable factual support or arguable legal basis. The court applied the required two-stage burden-shifting framework and concluded that at least one claim presented a colorable factual and legal basis, notwithstanding the lawsuit's unresolved status. The court also held that Harbor View waived its standing argument and had not rebutted Allegaert's presumptive standing as an abutter.