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Gettis v. Green Mountain Economic Development Corp.10/28/2005
ty; (3) breach of the implied covenant of good faith and fair dealing; (4) equitable and promissory estoppel; (5) negligent or intentional misrepresentation; (6) tortious interference with contractual relations and prospective economic advantage (against GMEDC only); (7) tortious interference with prospective economic advantage (against the Town and CRV only); and (8) negligent or intentional infliction of emotional distress.
14. The exact bases for plaintiffs' claims are often not specified, but have emerged in the briefing and argument. The central factual allegation behind virtually all of plaintiffs' counts is contained in paragraph fifty-six of the complaint as follows:
But for the unexpected imposition of personal credit card debt that needed to be serviced with payments much higher than would have been the case if additional loan proceeds had been advanced, the Gettises' business would have met or exceeded the expectations and projections set forth in the original business plan. Thus, but for the burden of personal credit card debt, their business would have been on the track to success.
The first count is based on the failure of defendants to provide additional loans to pay off the credit card debt. The fourth and fifth counts raise various arguments on that subject. According to plaintiffs' fourth count, defendants should be estopped from enforcing the loan terms because they induced plaintiffs' financial failure through the credit card debt and the failure to provide business loans to eliminate that debt. The fifth count alleges misrepresentation because defendants knew they would not extend further credit when they induced plaintiffs to incur credit card debt, but stated that they would provide further loans. The bases for the second, third and eighth counts are not specified, but again appear to be the statement in paragraph fifty-six or a variation on that theme.
15. In the sixth count, plaintiffs allege that GMEDC tortiously interfered with their loan contracts with CRV and the Town by instructing plaintiffs to purchase equipment with credit cards and preventing plaintiffs' performance of their loan obligations. The seventh count alleges that "CRV/RLF and the Town intentionally and improperly interfered with the Gettises' prospective contractual relations with other actual and potential lenders with whom the Gettises already had, or could otherwise have, pursued supplemental loans." The complaint also contains vague allegations that suggest that the Town's zoning actions or representations were linked to the unanticipated regulatory requirements imposed by the Department of Labor and Industries and, as a result, the Town was responsible for plaintiffs' inability to finish the renovations and purchase the equipment with the loan amounts provided. To the extent plaintiffs made such allegations, they waived them in their response to defendant's motion for summary judgment either by not actually responding to defendants, or by their express waiver. Plaintiffs seek relief in the form of compensatory damages for economic, emotional, and physical injuries, as well as punitive damages.
16. Defendants submitted several different motions for summary judgment on the following grounds: (1) the statute of limitations barred plaintiffs' claims for damages for physical and emotional injuries; (2) plaintiffs failed to establish a causal connection between defendants' conduct and the damages alleged; (3) plaintiffs failed to present a prima facie case for tortious interference with contractual relations and tortious interference with prospective economic advantage; (4) plaintiffs failed to present a prima facie case for negligent and intentional inflicti
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