[Updated August 7, 2004]
Statutes
General Laws 9-33
Title 9, Ch. 33, section 1-4, "Limits on Strategic Litigation Against Public Participation". The statute was enacted in 1993 and amended in 1995. The 1995 amendment passed over the veto of the governor. (The 1995 amendments are shown separately following the current text of the statute.)
General Laws 45-24-67
"Appeals -- Participation in zoning hearing". This statute prohibits liability for participation in zoning hearings when done in good faith.
Cases
Alves v. Hometown Newspapers, Inc. et al.
Supreme Court of Rhode Island, 2004 (___ A.2d ____).
After letters critical of him were published in a local newspaper, State Senator Alves sued the authors of the letters, Alan Palazzo and his brother William. The Superior Court granted summary judgment for Alan under the state's anti-SLAPP statute because the subject of his letters was an issue that was under review by a governmental body. However, the court declined to grant summary judgment for William on the grounds that the subject of his letters did not concern a contemporary public issue, but instead focused on Alves's business dealings years earlier. The Supreme Court affirms the lower court's judgment.
Cove Road Development v. Western Cranston Industrial Park Associates
Supreme Court of Rhode Island, 1996 (674 A.2d 1234)
Plaintiff was granted a zoning change so it could develop residential housing on its property.
A neighboring industrial park association unsuccessfully challenged the zoning change in court, arguing that it violated the town's comprehensive zoning plan and constituted illegal spot-zoning. Plaintiff then sued the association for abuse of process and malicious prosecution. The court affirms summary judgment for defendants under the anti-SLAPP statute.
Global Waste Recycling, Inc. v. Mallette
Supreme Court of Rhode Island, 2000 (762 A.2d 1208)
A recycling facility sued neighbors for defamation after the neighbors talked to newspaper reporters about the facility's operations. The facility had been the subject of DEM proceedings and a petition presented to the local town counsel. Summary judgment was granted the defendants, and the Supreme Court affirms the lower court's judgment.
Hillside Associates v. Stravato
Supreme Court of Rhode Island, 1994 (642 A.2d 664)
An applicant for a building permit sued an opponent of the permit for malicious prosecution and abuse of process after the opponent appealed the issuance of the permit. The Supreme Court construes the state statute limiting liability for participation in zoning hearings (General Laws, section 45-24-67).
Hometown Properties, Inc. v. Fleming
Supreme Court of Rhode Island, 1996 (680 A.2d 56)
The court upholds the constitutionality of the state's anti-SLAPP statute as amended in 1995 (General Laws, sections 9-33-1 through 9-33-4). Fleming, who lived near a landfill, communicated with various state and federal officials, alleging that the landfill was responsible for contamination of groundwater. The owners of the landfill sued, claiming that Fleming's communications constituted tortious interference with contractual relations and defamation. The Supreme Court agreed the suit was a SLAPP and ordered it dismissed.
Return to Other States: Statutes and Cases