Real Estate & Property Law

Freeport EDC sues investor

By Alan Ackerman

    This blog entry is about the Freeport, Texas case which is one of the raucous and inappropriate condemnation actions of the decade.  The City of Freeport EDC attempted to acquire an area of land so a grandchild of a former Patron of the community could come back once again and avail himself of the community's resources.
    Carla Main, in the book 'Bulldozed', wrote her own view of what happened and discussed how the process was unfair to property owners.  The view was clearly skewed against the proposed developer, and rightfully so.
    Rather than recognize that his position was as a public figure, and that maybe he took advantage of the local political system, the heir to a number of oil fortunes chose to sue Carla Main.
    The end result of all this, at least as of this date, is that a trial court judge held that Ms. Main could be sued because the book she wrote, 'Bulldozed', in some way was not to be considered media; leaving her in her First Amendment freedom of speech unprotected.
    If these kind of actions can be brought against people, one can understand why the courts and legislatures are bringing forth anti-litigation actions.  Most 'SLAPP' actions seem to arise out of belligerent lawsuits that have little merit.  Although Carla Main may have described the situation in a truthful fashion, of equally great import is that she have the opportunity to describe and discuss her view of an unbalanced situation; to wit, that too often individuals with political clout take advantage of the people without.

Full post as published by National Eminent Domain Blog on September 27, 2010 (boomark / email).