North American Expositions Co. Ltd. Partnership v. Corcoran

874 N.E.2d 466, 70 Mass. App. Ct. 411, 2007 Mass. App. LEXIS 1056
CourtMassachusetts Appeals Court
DecidedOctober 5, 2007
DocketNo. 06-P-440
StatusPublished
Cited by5 cases

This text of 874 N.E.2d 466 (North American Expositions Co. Ltd. Partnership v. Corcoran) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North American Expositions Co. Ltd. Partnership v. Corcoran, 874 N.E.2d 466, 70 Mass. App. Ct. 411, 2007 Mass. App. LEXIS 1056 (Mass. Ct. App. 2007).

Opinion

Lenk, J.

At issue is whether the defendants engaged in petitioning activity within the meaning of G. L. c. 231, § 59H (the “anti-SLAPP”3 statute), when their representative made certain statements on two occasions to members of a statutorily created charitable foundation. The plaintiffs filed a multiple count complaint against the defendants arising out of this challenged activity, which the plaintiffs claim unlawfully interfered with ongoing business dealings between the plaintiffs and the foundation. The defendants then filed a special motion to dismiss under the anti-SLAPP statute, which a judge in the Superior Court allowed. Concluding that the defendants’ activities at issue do not fall within the protective ambit of the statute, we reverse.

Facts. We draw the background facts of the case from the pleadings and affidavits pertinent to the special motion to dismiss, as well as from the judge’s decision and order. Unless otherwise noted, the facts recited are not in dispute.

Plaintiff North American Expositions Company Limited Partnership (North American) produces and operates numerous “gate shows,” such as the New England Boat Show, the New England Camping and Recreational Vehicle Show, and the North American Expositions Home Show. In contrast to conventions and trade shows, gate shows attract local attendees who typically either drive or take public transportation, attend for one day, and then go home. Conventions, on the other hand, attract out-of-town attendees who occupy local hotels and patronize local restaurants.4 North American for many years produced its shows at the Bayside Exposition Center (BEC). Beginning in about 1999, the relationship between North American and the defendants (collectively Bayside), such as it was, soured considerably. Bayside refused to extend North American’s expiring licenses to produce its shows at the BEC and actively sought other gate show sponsors. In 2001, North American initiated litigation against Bayside that settled in a manner extending North American’s license for the two largest shows until 2006, and for three others until 2003.

[413]*413In light of the considerable preparation time required for gate shows5 and the unavailability of other venues, North American found itself scrambling for alternative facilities. Faced with possible extinction, in 2001, North American made overtures to the Massachusetts Convention Center Authority (MCCA), the entity responsible for the Boston Convention and Exposition Center (BCEC), newly constructed pursuant to St. 1997, c. 152 (the Act).6

The process resulting in the approval and construction of the BCEC was fraught with competing political considerations and the perhaps inevitable quid pro quos. Of particular importance for this case was the Legislature’s concession to the South Boston section of Boston for any inconvenience and displacement occasioned by the construction. Specifically, the Act provided for a charitable foundation, the South Boston Community Development Foundation (Foundation),7 designed principally, if not solely, to sponsor charitable events at the BCEC, the proceeds of which would constitute the Community Development Fund held in a Massachusetts charitable trust and distributed by the Foundation for the benefit of South Boston residential, charitable, and business communities adversely impacted by the project. While § 15(d)8 of the Act specifically prohibited the BCEC from holding gate shows, § 4(g)(ii) contained a limited [414]*414exception. The relevant exception, as initially in effect, provided as follows:

“Notwithstanding the prohibition against gate shows in subsection (d) of section 15, in consideration of the project’s impact, the Authority shall allow the South Boston Community Development Foundation to sponsor no less than three charitable events annually at the Boston Convention and Exhibition Center, and shall include access to on site parking facilities. Said events shall be scheduled mutually by the Authority and the foundation so as not to conflict or interfere with the regular operation of the Boston convention and exhibition center. Said community events shall not compete with the Boston exhibition and convention center and shall not solicit any event previously hosted by the Hynes convention center, the World Trade Center or the Bayside Exhibition Center in the ten year period before the effective date of this act, without the consent of the affected facility. Said events shall be sponsored by the foundation for the purposes set forth in this subsection; provided, further, that the net proceeds of said events shall not be used for any purpose other than those described in this subsection. The Authority shall deposit said proceeds, including, but not limited to, on site parking fees in the Community Development Fund.”9

The controversy before us has much of its genesis in the parties’ decidedly different views of what this provision meant. Bayside has consistently contended that the exception set forth in § 4(g)(ii) applied only to “charitable” or “community” events, and not to gate shows. North American, on the other hand, maintained that the provision permitted the Foundation to sponsor gate shows. Because of the result we reach, we need not resolve the controversy over the meaning of this less-than-clear language.

North American’s initial overtures to the Foundation reportedly met with much enthusiasm. According to North American, however, when Bayside got wind of the possibility that North American could find a venue for its shows, thus competing with those Bayside intended to produce, Bayside “intensified its pattern of tortious interference.”

[415]*415The record indicates that in January, 2005, certain members of the Foundation contacted defendant Joseph J. Corcoran, Jr., the principal of Hub Expo Management LLC and Bayside’s representative, and requested a meeting. The first of two such meetings took place at Boston City Hall on February 1, 2005, and a second on March 8, 2005, at Mul’s Diner in the South Boston section of Boston.10 According to Corcoran’s affidavit, the Foundation was considering sponsoring gate shows three times a year, as the Foundation’s representatives believed the existing legislation permitted them to do; they wanted Corcoran’s interpretation of § 4(g) (ii). Corcoran told them that he understood the provision as limiting the Foundation’s sponsorship to charitable events, excluding private, for-profit gate shows. While the Foundation’s representatives understandably wanted to increase revenue by holding gate shows, Corcoran stated that he did not agree with their interpretation of § 4(g)(ii). He emphasized the devastating financial impact on the EEC should the Foundation compete in this area and told the representatives that he would help the Foundation find and run charitable events.11

At issue during the second meeting were two competing boat shows, one that the Foundation was considering sponsoring and the other that Bayside intended to produce. The Foundation representatives reiterated their desire to have gate shows and, after discussing possible charitable events that Bayside could help them find, said that they did not want “crumbs.” One member told Corcoran that proposed legislation, House Bill No. 4153,12

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Related

Joyce v. Slager
26 Mass. L. Rptr. 277 (Massachusetts Superior Court, 2009)
North American Expositions Co. v. Corcoran
452 Mass. 852 (Massachusetts Supreme Judicial Court, 2009)
P.J. Keating Co. v. Roads Corp.
24 Mass. L. Rptr. 212 (Massachusetts Superior Court, 2008)
Moriarty v. Mayor of Holyoke
883 N.E.2d 311 (Massachusetts Appeals Court, 2008)
Beckett v. Jewish Cemetery Ass'n of Massachusetts, Inc.
23 Mass. L. Rptr. 520 (Massachusetts Superior Court, 2008)

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Bluebook (online)
874 N.E.2d 466, 70 Mass. App. Ct. 411, 2007 Mass. App. LEXIS 1056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-american-expositions-co-ltd-partnership-v-corcoran-massappct-2007.