The PA Superior Court Thursday upheld the decision by Chester County Court of Common Pleas to dismiss a lawsuit by the developer of the Bishop Tube Hazardous Waste Site seeking damages for public comments made by the Delaware Riverkeeper about the project.

The PA Superior Court said there were no grounds to overturn the Common Pleas Court decision.

The August 2017 Common Pleas Court decision found the Delaware Riverkeeper were engaged in constitutionally protected free speech under the First Amendment of the United States Constitution and the Pennsylvania Constitution” and that the defendants are “immune from Plaintiff’s tort claims.”

The Delaware Riverkeeper was represented by attorneys Mark L. Freed and Jordan B. Yeager of Curtin & Heefner LLP. 

“We’re pleased that the Court has vindicated the constitutional rights of residents to speak up and advocate for a healthy environment without fear of retribution,” said Freed.

Click Here for a copy of the PA Superior Court decision.

NewsClip:

Hurdle: State Court Rejects Developer’s SLAPP Suit To Block Protest Against Development Plan

[Posted: Sept. 7, 2018]

9/10/2018