SLAPPs are Prevalent in Oregon

Many people doubt SLAPPs exist here in Oregon. Yet the Citizen Involvement Advisory Committee of Department of Land Conservation and Development has documented a dozen cases of such lawsuits over the last five years. Developers in Banks, Newberg, St. Paul, Yachats, and Tillamook County have filed suits against citizens and public boards who opposed their proposals. Some planners believe it has become standard practice in their counties for developers to threaten lawsuits against those who oppose development proposals.

In Banks a citizen who had testified at a city council meeting (along with others and some city officials) was sued by a developer. The suit was eventually dismissed but attorney fees for the one involved citizen was near $10,000. Costs to others are unknown. Development eventually went through as critics were silenced and defendants were advised by counsel to not testify again in later hearings.

In Yachats four members of a group (Friends of 804) and the editor of the local paper were each sued for $230,000 by a title company owned by a local attorney for defamation. The local attorney had also functioned as the city attorney when a variance was given for a home to be built on an undersized lot that was supposedly not buildable when created by partition in 1979. Blocking some accesses to the 804 beach walking trail was also an issue that had not been noted by the title company when issuing a warranty deed on the undersized lot. Approximately 2 1/2 years later, after LUBA appearances and Court of Appeals Review on the land use issues, a five-day trial eventually was held in the Circuit Court in Eugene for defamation. After an hour deliberation the jury ruled unanimously in favor of the defendants. However, the judge dismissed a counter claim for attorney fees by the defendants who had incurred substantial legal fees throughout this process.

In Yachats two city council members were sued by a logger/developer when they attempted to call a city council meeting to address the use of a city road to haul logs where an ordinance existed prohibiting trucks in excess of 10 tons. Three of the five Yachats city council members later decided the two council members acted outside their scope of authority by sending out a notice of a special meeting and were denied insurance protection as city officials. Four years later, the defendants have spent approximately $20,000 in legal fees and suffered indescribable mental anguish.

In Florence a practicing attorney has written in to LCDC supporting the legislation as he stated "In the last two years, I am aware of at least five instances where citizens opposing developers have been threatened with lawsuits." There are other cases in Florence with potential suits regarding an outlet mall, Fred Meyer Store, and other developments.

In Lincoln County a developer sued a number of people and public boards -- including the Netarts Steering Committee. The county planning director has stated: "His strategy appears to be winning through intimidation." Legal costs have been incurred by these participating people defending themselves and numerous people have dropped out.

In Columbia County a commissioner threatened to sue three citizens and anyone who helped them with a recall petition.

In Salem a member of a citizens group was threatened with a lawsuit for information he put in the voters pamphlet regarding a development.

In St. Paul a person has been sued by $450,000 by a developer for a letter to the editor she wrote published in the Newberg Graphic.

Read an example of a letter threatening a SLAPP suit here
Context of this letter

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