AC47452 - Birch Hill Recovery Center, LLC v. High Watch Recovery Center, Inc. (“On appeal, the plaintiff does not argue that the court erred in its determination that the defendant met its initial burden under the first prong of § 52-196a (e) (3). See footnote 2 of this opinion. Instead, the plaintiff claims that the court erred by dismissing the action because it established that there is probable cause that it will prevail on its claims against the defendant. Specifically, the plaintiff contends that (1) the defendant’s efforts to challenge the facility in court and administrative proceedings constituted ‘‘sham’’ litigation that is not protected by the first amendment to the federal constitution or the state constitution, (2) the absolute litigation privilege does not bar the plaintiff’s claims, and (3) the complaint sufficiently alleged that the defendant’s conduct amounted to tortious interference with business relations. We disagree with the plaintiff’s claim that it established probable cause that it will prevail on its claim that the defendant’s challenges to the facility constituted sham litigation. We, therefore, conclude that the court did not err in its determination that the defendant’s conduct was protected by the first amendment. Because that conclusion is sufficient to uphold the dismissal of the complaint, we need not address the plaintiff’s other challenges to the judgment of dismissal. Accordingly, we affirm the judgment of the trial court.”)