Beruflich Dokumente
Kultur Dokumente
the past, there have been at least some administrative proceedings or issues involving other concrete plants owned (in whole or in part) by Turner that a reasonable person could have construed as complaints, as that term was used in NBACCs letter to the EPA; and that the cartoon was a fanciful depiction of a potential collision between a school bus and a concrete truck that was intended to illustrate the danger, from NBACCs point of view, of the establishment of a concrete plant on a narrow rural road in the vicinity of several schools. BRC and Turner recognize that Pohl-Zaretsky and NBACC have been put to considerable expense in having to defend this lawsuit, which BRC and Turner deeply regret. BRC and Turner apologize to both Pohl-Zaretsky (who was named individually in the lawsuit) and to NBACC and its members for the expense, inconvenience, and potential chilling of their right of advocacy that this lawsuit has caused. Currently, a majority of states have laws that prohibit the filing of a SLAPP suit. North Carolina is in the minority in not providing its citizens with that legal protection. Representative Susan Fisher introduced an anti-SLAPP suit law in the state legislature this year but it was not permitted to be voted on. Pohl-Zaretsky said This is a true vindication and triumph for our community, however, the real victory will not occur however, until citizens of North Carolina are permitted to express their opinion without having to live in fear of being sued. NBACC and Pohl-Zaretsky were represented by a team of attorneys headed by Frank Goldsmith. Goldsmith observed, "This lawsuit was baseless and should never have been filed. NBACC was clearly engaged in constitutionally protected public advocacy. The organization had a right to communicate its concerns to the Environmental Protection Agency. And the idea that a cartoon depicting a non-existent concrete truck endangering a school bus could somehow be libelous is really ludicrous. The cartoon was merely a graphic expression of NBACC's opinion, buttressed by data and expert testimony, of the danger presented by a concrete plant on a narrow rural road in the vicinity of several schools. It is not surprising that Blue Ridge Concrete ultimately decided to dismiss its case. The apology is appropriate, and we appreciate it." The Blue Ridge Concrete plant in North Buncombe closed 6 months ago due to lack of sales. +++ Attached: Joint Statement in Settlement of Litigation Joint Stipulation of Dismissal For more information, contact Aaron Pohl-Zaretsky (828) 645-9291 or Frank Goldsmith (828) 652-3000