SLAPP-suit update (12/10/06):
Living and owning a home in a state where developers and builders write in "none suit clauses" into their contracts increases the risk of owning a home (like we don't have enough risk already attached). It's increased more when these same corporations target groups or individual consumers who actively complain (or petition their government for redress of greviances -- perfectly legal and supposedly protected under the state and federal constitution, but is it?).
In 24 states, after a surge of SLAPP-suits over several decades, legislatures began to add statutory protections stopping SLAPP-suits before they can severely harm families/consumers. Since developers/builders use these tools to silence most often (Canen & Pring, 1996) they resisted in many states. In Texas the lobby blocked four fairly recent attemtps. Where does this leave you?
In our case, after nearly 2 years of litigation in a developer friendly court, we ended up settling. We consider it a stale-mate that cost the company conservatively attacking us close to half a million dollars (of course it cost us our life savings defending it). We encourage those that find themselves in the cross-hairs of a major company in a unfriendly consumer court (as we were--because of the campaign contributions going to several of the county commissioners who over-see the court) to find a personal injury attorney with knowledge in strike or SLAPP-suits (and experienced in contract law/real-estate). If the case is in TX get it to a federal court (one of our mistakes). It will cost more, but the judges are further out of reach of the influences of local developer/builders.
Next file a counter-suit immediately (known as a SLAPP-back). Only do this if your case somehow survives early dismissal attempts and summary judgement. We were advised to do this by a SLAPP expert. If we hadn't I don't think they would have tried to settle with us. In our case they did get our home, but they have to pay for it and they did agree to 7 of our 14 presuit conditions, which they refused to do earlier in the case (they also never won a hearing when attempting to injunct or gag us, after several attempts, some threatened in local papers through their attorneys). Since we did sign a confidentiality agreement I can't tell you more, but I do believe this strategy is all that is left to consumers in a state that has so many politicians influenced by this groups money.
Good luck and e-mail us (see below) if you need advice or someone to testify in your case, if god forbid, you ever find yourself in a similar situation. SLAPPs are meant to silence, so don't be silent and keep your fight public through posting on blogs, letters to the editor and, if you can, in newspapers (or t.v. or both).
We will keep you all in our prayers. We are on to more battles currently one with a landfill (going up to 170 ft). Don't let anyone tell you that you should be silent. We won't, not even now!
*****
Chris Calvin, Ph.D.
responsible_dvlpmnt@yahoo.comCo-chair Committee for Responsible Development
Sienna Plantation
Missouri City, TX
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