Eminent domain abuse is one of the most insidious crimes against citizens of towns nationwide. Runaway town spending forges an unholy coalition between developers and their municipal administration allies. Together they try to fatten tax roles by condemning middle class homes to make way for upscale development. Citizen groups fighting this abuse have faced all kinds of obstacles from their respective municipalities and developers including "slap" lawsuits. Well chalk one up for the good guys this time. The following is from the Institute For Justice http://www.ij.org/index.php?option=com_content&task=view&id=2656&Itemid=165 .
March 30, 2009
Arlington, Va—Evidently you can fight city hall—and fight private developers who use city hall’s power, too.
In an order issued on March 26, 2009, Judge C.L. “Buck” Rogers of the Circuit Court for Sumner County, Tenn., vindicated the right to protest government abuse by dismissing the libel lawsuit brought by Richard Swift, a developer who is a former member of the Clarksville City Council, and Wayne Wilkinson, a member of Clarksville’s Downtown District Partnership, against members of the Clarksville Property Rights Coalition (CPRC). Swift and Wilkinson sued the CPRC because its members criticized them for supporting Clarksville’s controversial redevelopment plan, which authorizes the use of eminent domain for private development. In a newspaper ad, the CPRC noted that both Swift and Wilkinson are developers and said, “This Redevelopment Plan is of the developers, by the developers, and for the developers.”
The court ruled, “Debate on public issues shall be uninhibited [and] wide open. . . . Accusing a public official or public figure of using their political influence to obtain a benefit for others or themselves or favoring their supporters is not defamation.”
“The court’s decision is a tremendous victory for everyone who speaks out against the abuse of eminent domain,” said Bert Gall, a senior attorney with the Institute for Justice, which represents the CPRC in defense of their free speech rights. “The decision puts thin-skinned politicians and developers on notice: If you file a frivolous lawsuit against people just for criticizing your public actions, your case will swiftly be thrown out of court.”
Across the country, in places like Renton, Wash., and Freeport, Texas, there has been an ominous trend of politicians and developers using frivolous litigation to suppress the speech of home and business owners who oppose the abuse of eminent domain for private development. The CPRC’s victory in Clarksville resoundingly reaffirms that the First Amendment protects that speech.
“I am thrilled that the court reached the right decision to protect my right to free speech,” said Joyce Vanderbilt, a member of the CPRC. “Swift and Wilkinson tried to bully us with this lawsuit, and the court just told them that they should never have brought it in the first place.”
“We won this fight not just for us, but for every home and business owner who gets sued just for speaking out against eminent domain abuse,” said Pam Vandeveer. “I’m glad that this is still a free country.”
Jerry Martin of Barrett, Johnston & Parsley in Nashville serves as local counsel for the Clarksville Property Rights Coalition.
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I am old enough to appreciate the irony of judge "Buck Rogers" saving the day. More seriously though, I worry that eminent domain abuse could become a problem here with the way things are going. The pain of run a way spending just keeps on hurting and hurting.
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