Countering the defamation lawsuit filed against him by Sienna/Johnson Development, community activist Chris Calvin now accuses the developer of fraud and negligence in selling him a lot in the Sienna Plantation neighborhood.
Also named in the counterclaim, filed last week by attorney Jeffrey Singer, is Sienna/Johnson Senior Vice President Douglas Goff and three other related business entities: Sienna/Johnson North, LP; Sienna/Johnson North GP, L.L.C.; and Sienna/Johnson Development GP, L.L.C.
In the counterclaim, Calvin also accuses the defendants of deceptive trade practices and of filing a groundless lawsuit against him.
Calvin states in the claim that he and his wife bought a lot in Sienna Plantation in November of 2002, in part based on “certain representations” that included “the extent to which certain portions of the community would be used for recreational purposes. In fact, one or more of the Sienna entities have now abandoned the plan for certain recreational areas and has designated such sites for other purposes, including construction of multi-family dwellings.”
Calvin began objecting to Sienna Plantation plans for building apartments, both publicly (in Missouri City Council meetings) and on web site discussion forums. This objection, he states in his counterclaim “resulted in the filing of the plaintiff’s petition in this case against him.”
Sienna/Johnson and Goff filed suit against Calvin and an associated organization, the Committee for Responsible Development, in December, accusing him of defamation, business disparagement, public nuisance and “tortuous interference with prospective contract.”
The suit also seeks a permanent injunction to prevent Calvin and his organization “from making any statements under any pseudonyms” regarding the developers or their affiliates.
Calvin has characterized Sienna/Johnson’s actions as typical of a SLAPP suit strategy – a legal tactic in which a business entity tries to blunt criticism by burdening opponents with the cost of a legal defense.
Sienna/Johnson attorney John Keville, however, has said the developer tried to settle its dispute with Calvin without filing suit. It’s main complaint was that he had been making comments on web forums under several different aliases. So many, Keville said, that Calvin made it appear a large number of people supported his critical views of Sienna/Johnson, when that wasn’t really the case.
Calvin has said he believes what he posted on web sites “is protected free speech and we do have the right to disagree publicly (anonymously or not) with public figures. They don’t have to like what we are saying. I’m, however, not responsible for any unintended consequences regarding their corporate interests or profits as a result of this public debate and poor public relations management.”
In his counterclaim, Calvin says Johnson/Sienna filed their suit against him”in bad faith and/or for the purpose of harassment.” He therefore seeks unspecified sanctions against the defendants, and attorneys’ fees and costs.
Prior to the lawsuit, Sienna/Johnson filed a petition in district court seeking to depose Calvin and Matthew Feinberg, operator of the web sites on which Calvin posted. The depositions proceeded, despite protestation and legal appeals by Feinberg’s attorneys, which included representatives of the American Civil Liberties Union of Texas.
Late last month, the Texas Supreme Court denied a petition by Feinberg seeking to have his deposition sealed to protect the identities of his web posters.
“The question Mr. Feinberg wishes to raise is whether he can be required to disclose the identity of anonymous web site users in a pre-suit deposition,” Sienna/Johnson noted in its response to Feinberg’s Supreme Court petition. “That question is moot because Mr. Feinberg appeared at his deposition and answered questions (and revealed only that he did not know any such identities).”
The high court apparently agreed.
