Tuesday, May 06, 2008
Christiansburg developer files suit over blog
Two of the women named in Roger Woody's lawsuit said they have nothing to do with the blog.
CHRISTIANSBURG -- Roger Woody, a major landowner and developer in the town, has filed suit against four women he accuses of conspiring to harm his business, interfering with his contractual relations and libeling him.
But two of the women named in the lawsuit say they have no inkling of what Woody is talking about.
In a complaint filed Thursday in Montgomery County Circuit Court, Woody named Terry Ellen Carter, Tacy L. Newell-Foutz, Meghan Dorsett and Carol Lindstrom as defendants in the lawsuit, which asks for $10 million in actual damages and $350,000 in punitive damages.
He claims the women "combined, associated, agreed, mutually undertook or concerted together for the purpose of developing a Web site on the Internet to be used willfully and maliciously" to injure him in his business. The complaint, prepared by lawyer B.K. Cruey of Shawsville, lists the Web site as www.thinkchristiansburg.com.
The lawsuit alleges the Web site and a "local newspaper" were used to publish false and misleading information about Woody and his business, Showcase Home Builders. It refers to photographs of a topsoil stockpile at his property on Cambria Street near hundreds of town houses he has built in past years. The Web site has criticized the appearance and questioned the safety of the massive pile of dirt in the residential neighborhood.
Carter designed a logo for T-shirts printed with a photograph of the pile. The logo, modeled after the famous Hollywood sign, superimposed the word "Woodyville" over the hill of dirt. The T-shirts were for personal use and were "not on the street," Carter said last month.
Although Carter and Newell-Foutz have operated the Think, Christiansburg blog since September, Dorsett and Lindstrom say they are not affiliated with the blog.
Dorsett, a Montgomery County planner, said she was flabbergasted when she learned of the suit.
"Guess what?" she said Monday. "I'm getting sued for a blog I have absolutely nothing to do with. As a county planner, I try to stay as far away from these issues as possible."
Lindstrom, who runs a business at the Cambria Depot which is owned by Dorsett, does post a blog that, like Think, Christiansburg, is aimed at stimulating discussion about Christiansburg government and community issues. Her Web site, www.DepotDazed.com, was launched only six weeks ago.
"I have never mentioned Roger Woody in there," Lindstrom said, adding that both she and Dorsett want to know how their names got tangled up in the lawsuit. Lindstrom said the lawsuit lists her address incorrectly and Dorsett's legal name incorrectly.
"I want to know who the hell put my name down -- how I ended up in a lawsuit I have nothing to do with," Dorsett said.
Cruey, Woody's lawyer in the suit, said publicity has hurt Woody's business.
"It has had a devastating effect," he said.
The lawsuit cites a March 24 blog entry titled "Junk(y) Yard Wars" with a photograph of Woody's development that says "One of Christiansburg's most notable landmarks, known in the neighborhood as Mt. Woody, has besmirched the landscape for years."
Woody's spokesman, Jim Wessel, did not return a phone call seeking comment from the developer Monday afternoon.
The lawsuit accuses the defendants of injuring Woody's "good name and reputation" in the past two years and points out that his business is a three-time award winner of the Builder of Integrity award given by the Quality Builders Warranty Corp.
Newell-Foutz, a Christiansburg businesswoman who attends government meetings regularly and has served on the Montgomery County School Board, said she wanted to study the lawsuit before commenting.
"I want to sit down and review this, and we'll discuss it with legal counsel," she said.
Both Newell-Foutz and Carter said the Think, Christiansburg blog does not have sponsors as Woody alleges.
"Google ads come up randomly based on the content," Carter said, adding that she also plans to consult a lawyer.
"Legal counsel will help me answer the claims raised, some of which are factually incorrect," she said Monday. "It's sad that the already overburdened court system is being cluttered by this superfluous and intimidating legal action."
While Dorsett said she's not involved with the blog posted by Carter and Newell-Foutz, she said Woody's lawsuit raises a question for her.
"It raises the question of freedom of speech. That's my first reaction," Dorsett said.
Rod Smolla, dean of Washington and Lee University's law school, said a person who posts a blog has "the same First Amendment rights as a person who composes in any other medium."
"The liability for defamation is also the same," Smolla noted, adding that "the only persons who get a free pass are the Internet providers themselves."
"There's an increase in defamation and privacy lawsuits arising from Internet activity," he said. "It is a growing area of litigation."
Woody's lawsuit claims that the actions of the defendants have "cost numerous contracts for the sale of town houses and other properties" and that he will continue to lose sales in the future as a result of their actions.











