Woody v. Carter et als, Montgomery County Circuit Court. Counsel: Guy Harbert, III, Gentry Locke Rakes & Moore of Roanoke; Jonathan Rogers of Floyd, cooperating attorney; Rebecca K. Glenberg for the ACLU-VA.
ThinkChristiansburg.com comments on a variety of local and topical issues. One entry criticized an unsightly pile of dirt on property owned by a Christiansburg developer and referred to it colloquially as "Mount Woody." Another entry showed pictures of just one of the developer's construction sites. A newspaper then published a similar article and included a photograph with the word "Woodyville" superimposed over the dirt pile as parody of the local landmark (but was not itself named in the subsequent lawsuit).
Roger Woody filed a lawsuit on May 1 against the writers of this blog (as well as two other individuals never associated with the blog or any newspaper), claiming tortious interference, defamation, and business conspiracy.
On May 23, demurrers were filed on behalf of the bloggers arguing the complaints failed on all charges. Overarching, and most importantly, is the protection provided for free speech by the First Amendment.
Arguments on the demurrer took place on July 31. On Oct. 14, the Montgomery County Circuit Court Judge sustained the demurrers, clearing those accused.
A plaintiff, however; is automatically granted the opportunity to respond and correct all defects in the original pleadings or reasserting claims. As of Oct. 31, Woody's attorney had 21 days to amend the complaint. An appeal of the judge's decision was just filed on Woody's behalf in pursuit of a civil suit, and so the case continues.
A recent editorial pointed to other solutions being available, and there are several viable options. One, clean up the dirt pile. Two, update local zoning ordinances, and ensure equitable application and alignment with the superior Virginia State Code. Three, civil dialog between those holding different viewpoints. Four, engage state and federal regulatory agencies to push for a resolution. Five, amend Virginia's State Code to prevent SLAPP suits (Strategic Litigation Against Public Participation) from occurring by supporting legislation before the General Assembly.