SLAPP or no-SLAPP? There's no way to tell


My Left Nutmeg links to Channel 3's story on a lawsuit brought by the Wal-Mart developer against some Groton residents who oppose the new Super Wal-Mart.

The story is frustratingly low on details. It's hard to tell whether this is a real SLAPP suit, or whether this is just part of the process of appealing from the Planning Commission's decision. One the one hand the story provides this vague description of the lawsuit:

Peggy Burdo said she was awakened Saturday by a sheriff serving her with a lawsuit. Burdo said the lawsuit claims that she and five other neighbors near Route 184 are interfering with the development of Wal-Mart's proposed store.

That's it, so far as any description of the actual cause of action pleaded against these people, except for this statement from Konover , the developer:

Developer Knoover told Eyewitness News that the petition is a legal formality, allowing them to appeal their case to the town.

It's my recollection (I'm no land use expert) that people who get intervenor status in one of these proceedings are entitled to notice if the applicant appeals. They get that notice by being named in the appeal. It's impossible to tell, from this frustratingly idiotic article, exactly what this case is all about. Is it asking too much of the reporter to try to maybe read the complaint (instead of just taking a close up of the summons) and explain precisely what claims Konover is making? If it is a real SLAPP suit then it's outrageous. If it's simply part of the appeal, as the developer seems to be saying, then it's just part of the process. This is one of the by-products of the he said-she said type of reporting that passes for journalism (especially on television) these days. We know what Burdo says, and we know what Konover says, and we are free to reflexively believe whichever we are politically inclined to believe, since we are blessedly bereft of any solid data from which we can draw any solid conclusions. God forbid that Channel 3 should make a serious attempt to give us that data.

The folks at the Day might think about doing a piece on this, and maybe go into the details a bit.
Posted: Wednesday - March 07, 2007 at 10:36 PM          

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