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From Bradbury Township Mille Lacs County, Minnesota |
Mille Lacs News Since 4/18/07
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Monday April 19, 2010 |
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Breaking News
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SLAPP Law Slapped When Court of Appeals Swats Gadfly Hannabelle's Motion to Dismiss Denied December 30, 2009 Minnesota Court of Appeals Judge Terri Stoneburner affirmed the Hennepin District Court's decision, denying Defendant Hannabelle's Motion to Dismiss the first of two defamation lawsuits (D'Angelo/Freeman) wielded against the Bradbury Township resident who fought Onamia City Hall to save her neighborhood from the imposition of 94 convicted juvenile sex offenders. Under Minnesota Statute 554.03 - the Anti-SLAPP law, speech that is aimed in whole or in part at procuring government action is protected from frivolous defamation suits. Such court-clogging suits are brought against citizens who oppose deep-pocketed developers and cash-laden corporations (such as Nexus) who would use such litigation to intimidate and harass those who would speak up against them - in order to silence naysayers or, as Plaintiff Jim D'Angelo said - make them go away. [1] The judges decision is confusing, (even mind-boggling.) Before ruling against Hannabelle Judge Stoneburner first determined that Hannabelle met the criteria of the Anti-SLAPP law - (Strategic Lawsuit Against Public Participation] She states: "Appellant [Hannabelle] is a resident of Bradbury Township and the founder and leader of Onamia Area Citizens for Responsible Growth (OACRG), a citizen-based group in Onamia that vigorously opposed the relocation of the Nexus treatment facility to Bradbury Township. [Hannabelle] and other members of OACRG attended meetings and presented petitions to government bodies involved, and engaged in other activities directed at preventing the relocation. [Hannabelle] expressed strong views opposing the relocation. [Hannabelle] communicated with her state representatives, local and state government offices and departments, and local and state officials, expressing the problems relocation would cause in the neighborhood. (to be cont.)
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