dwightmerriam-blog

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Dwight Merriam, President of Rivers Alliance of Connecticut, was pleased to be on Wayne Norman's show on WILI, talking with him about protecting our rivers and water supply.

https://www.mixcloud.com/wili1400/11720-rivers-alliance-of-connecticut-president-dwight-merriam/  

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Dwight Merriam on Identifying and Beating a SLAPP Suit

Dwight Merriam, one of the country’s leading land use lawyers, was quoted in the Newark Advocate on December 17, 2019 regarding so-called SLAPP suits, Strategic Litigation Against Public Participation, a technique sometimes used by aggressive developers and others to knock down opposition.  His comprehensive 1993 article on the subject remains essential reading today.

Originally published on newarkadvocate.com

In our justice system, everyone deserves his or her day in court. But what if the lawsuit — with virtually no chance to prevail — is a tactic to punish critics and chill free speech?

What if the courts could quickly resolve these types of cases, which are intended to financially drain defendants merely exercising their First Amendment rights? Most states have taken steps to limit frivolous, anti-free speech libel lawsuits known by the acronym SLAPP (strategic lawsuits against public participation).

But not Ohio.

Ohio now has a chance to catch up. State Senator Matt Huffman (R-District 12) introduced legislation to expedite court review of SLAPP lawsuits and award attorney fees to the defendant if the court finds the case frivolous.

Huffman, a Republican whose district includes Lima, has practiced law for 35 years. He says the court system “should not be used as a weapon.”

By that, Huffman is referring to tactical lawsuits designed to pin down the other side with expensive time-consuming discovery and depositions. Huffman’s proposal would discourage plaintiffs from filing libel suits designed not to protect their reputations, but instead chill debate on controversial issues.

“Citizens and local community groups are being sued for what has long been considered ‘ordinary’ public participation,” said a study published in the Duke Environmental Law & Policy Forum.

“Persons who write editorials, take part in referendums, or speak at town meetings are increasingly ending up in court. Although suits against such individuals rarely prevail in court, their true goals of retaliation and intimidation are frequently accomplished.”

A common example of a SLAPP lawsuit is a land developer suing community members who oppose a development project, says Dwight Merriam, a past president of the American Institute of Certified Planners.

Acronyms and the law can seem dense. But John Oliver recently devoted nearly a half-hour of air time explaining SLAPP lawsuits on “Last Week Tonight,” generating millions of You Tube views.

Using humor, Oliver broadcasts long-form journalism to unravel complex topics such as Brexit, the Green New Deal, and SLAPP lawsuits. His segment on SLAPP lawsuits is so good that I use it to teach libel law and the dangers of SLAPP suits to students at Ohio University.

Oliver and HBO were sued for on-air criticism of a coal company executive. Even though Oliver won, the battle cost hefty legal expenses. On appeal in West Virginia, the case recently was voluntarily withdrawn (Marshall County Coal Company et al v. John Oliver et al).

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Dwight Merriam

Dwight H. Merriam has practiced law for four decades. He represents land owners, developers, governments, and individuals in land use matters. Dwight is a Fellow and Past President and of the American Institute of Certified Planners, a former Director of the American Planning Association, a former chair of APA’s Planning and Law Division, a former chair of the American Bar Association’s national Section of State and Local Government Law, the Connecticut member of Owners’ Counsel of America, a former Fellow of the Royal Institution of Chartered Surveyors, a Fellow of the American Bar Foundation, a member of the Rocky Mountain Land Use Institute National Advisory Board, a Fellow of the Connecticut Bar Foundation, a Counselor of Real Estate, a member of the AARPI, and a Fellow of the American College of Real Estate Lawyers. He has taught land use law at the University of Memphis, the University of Bridgeport, Vermont Law School, the University of Connecticut School of Law, and the Quinnipiac University School of Law where he was a Distinguished Practitioner in Residence and has published over 200 articles and twelve books including Inclusionary Zoning Moves Downtown, The Takings Issue, The Complete Guide to Zoning, Eminent Domain Use and Abuse: Kelo in Context, and Group Homes. He is lead author of the leading casebook in his field, Planning and Control of Land Development, and co-editor of the leading treatise in the field, Rathkopf’s The Law of Zoning and Planning 4th. Dwight proudly served for seven years on active duty in the U.S. Navy as a Surface Warfare Officer, including three tours in Vietnam, and 24 more years in the reserves, retiring as a Captain following his command of the reserve augmentation unit of the Naval Undersea Warfare Center.

Elsewhere on the net:

https://www.dwightmerriam.com/

https://marketersmedia.com/dwight-merriam-nationally-prominent-land-use-lawyer-on-what-you-can-do-to-survive-a-hurricane-and-recover/88918193

http://www.parkaman.com/dwight-merriam-comments-on-could-the-famous-penn-central-three-part-test-for-takings-be-overruled/

https://newsblaze.com/business/technology/dwight-merriam-describes-the-war-on-dockless-scooters_160038/

https://patch.com/colorado/denver/great-yes-my-back-yard-yimby-revolution

https://medium.com/@tammycampbell950/dwight-merriam-on-the-right-to-dry-6d9cfb2fec8b

https://www.einnews.com/pr_news/493993850/dwight-merriam-nationally-prominent-land-use-expert-leads-panel-at-american-bar-association-annual-meeting

https://www.marketwatch.com/press-release/dwight-merriam-a-prominent-land-use-attorney-in-the-us-honored-by-us-news-world-reports-2020-best-lawyers-list-2019-11-13