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Wednesday, October 15, 2008

Bloggers cleared in lawsuit

The four bloggers named in a lawsuit brought forth by Christiansburg developer Roger Woody have been cleared of all charges by a Montgomery County Circuit Court judge.

Woody sought more than $10 million in actual damages and $350,000 in punitive damages from Terry Ellen Carter, Tacy Newell-Foutz, Carol Lindstrom and Meghan Dorsett for their alleged involvement in blog postings critical of his business practices and a topsoil stockpile at his property on Cambria Street in Christiansburg.

The lawsuit filed by Woody's attorney, B.K. Cruey of Shawsville, accused the four women of working "together for the purpose of developing a website on the internet to be used willfully and maliciously" to cause injury to him and his business. The Web site listed in the filing, www.think christiansburg.com is operated by Carter and Newell-Foutz.

A motion for demurrer, the plea for dismissal, was heard July 31 for Carter and Newell-Foutz, filed by American Civil Liberties Union attorneys Rebecca Glenberg and Jonathan Rogers, citing constitutional rights as a reason for dismissal.

Lindstrom and Dorsett have since been granted a nonsuit on the basis of no clear involvement with thinkchristiansburg .com.

Judge Ray Grubbs ruled Monday that Carter and Newell-Foutz' request for demurrer be sustained, and the two were cleared of all charges.

Woody's suit was filed on four counts: conspiracy to harm Woody's business; a tortious interference with his contractual relations; use of libelous and insulting words to breach the peace; and a request for injunctive relief.

Grubbs' ruling stated that Woody's argument for these claims lacked sufficient proof and specific language to plead a case against the two, which is why the demurrer was granted.

The judge declined to cite the Constitution as backing for his ruling, stating that the defendants' claim lacked merit and is more appropriately addressed as an "affirmative defense to the complaint."

Having invested a lot of time and energy into the issue, Carter said she was pleased with the judge's decision and relieved after having gone through what she described as "the longest 10 and a half weeks ever."

"We have a right to express our opinions without being hauled into court, and that right was upheld," Carter said.

According to Grubbs' ruling, Woody can amend his complaint within 21 days of the ruling to be reconsidered.

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