A judge has ruled that a $3 million defamation suit by the company proposing to dredge Utah Lake was filed for the improper purpose of preventing a Utah scientist from engaging in public debate on the controversial project.
Lake Restoration Solutions had no basis for suing Ben Abbott, leading critic of failed Utah Lake island-building proposal
Since the project’s unveiling five years ago, Abbott has been a leading critic of the proposal to raise up to 20,000 acres of artificial islands, which he and others say is not grounded in science and could further degrade the lake. Scott, however, rejected LRS defamation suit as a matter of law and is expected to order the company to cover Abbott’s legal expenses.
Abbott’s lawyer Whitney Krogue asked the judge to rule the company’s action functioned as an impermissible Strategic Lawsuit Against Public Participation, or SLAPP, considered an abuse of the judicial system aimed at inhibiting debate on matters of public interest. “It is highly offensive to suggest you have affiliated with corrupt people funding your project,” he said.“‘Shady’ is not a statement that’s capable of a determination as to truth or falsity. It’s an opinion,” she told Jordan. “Under the law, it’s clear that ‘shady’ is an opinion and having it attached to foreign funding from Dubai, which appears to be a substantially true statement that, at some point in time, LRS was seeking foreign financing.
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