FBT Everett Realty, LLC v. Massachusetts Gaming Commission
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The Supreme Judicial Court affirmed in part and reversed in part the judgment of the superior court dismissing FBT's claim against the Massachusetts Gaming Commission alleging intentional interference with a contract and granting summary judgment on the remaining regulatory taking claim, holding that summary judgment on the regulatory takings claim was improper.
Plaintiff brought this suit against the Commission alleging various claims including tortious interference with contract and a regulatory taking after the Commission refused to allow Plaintiff to receive a "casino-use premium" on the sale of a parcel of land in Everett. The superior court dismissed the tortious interference claim and granted summary judgment on the regulatory takings claim. The Supreme Judicial Court reversed the grant of summary judgment on the regulatory takings claim, holding that there were material disputed facts at issue precluding summary judgment.
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