OP/ED: Johnson Development Corporation of Houston Drops SLAPP-suit Against the Committee for Responsible Development (Still targeting family)-

Johnson Development Corporation of Houston, mega-developers of Riverstone, Sienna Plantation, Silver Lake and many other master-planned communities (Larry Johnson, President) dropped part of their lawsuit against the committee of homeowners who protested against up to 2700 apartments being brought to this community by them (but continues to target another Sienna family).

This strike case tactic, so common with developers involved in NIMBY (not in my back-yard) protests, tracks back to early last year when 40-50 residents, representing 7 area HOAs and thousands of independent homeowners, organized and merged several petition drives garnering over 1100+ signatures and presented them, along with a city ethics complaint violations against Mayor Allen Owen of Missouri City, for accepting nearly 60% of his campaign contributions over the previous 5 year period from Houston mega-development companies doing business in this area and not recusing himself when voting on the controversial apartment plan. These actions, by the banker/mayor Owen, lead to his being challenged in the ’06 mayoral race for the first time in over a decade by Greyling Poats of Missouri City with many of these issues playing as central themes in the election.

A little over a week following the local media coverage of the July ’05 city council session, Johnson Development Co. (JDC) and their senior vice president Doug Goff, filed what legal experts call SLAPP-suits (Strategic lawsuits against public participation). These are suits meant to target and silence critiques of unpopular development projects and cripple them financially (Canen & Pring, 1996).

This case has thus far resulted in the deposition of many area homeowners and spun off another protest against the strike suit itself as it enters its second year. The senior vice president, Goff, was also deposed in late May after 3 attempts to schedule it through the courts. Last Thursday the JDC lawyers of Howry LLP, a large Houston litigation law firm pushing this case since spring of last year, suddenly dropped the committee from the lawsuit. This turned out to be a sigh of relief for many Sienna area residents whom had been involved with the petition drive and a small victory of sorts.

Of course with this good news comes the intensification and focus of the case on the remaining targets/defendants in the suit. JDC still faces a counter-suit from the remaining targets/defendants claiming Fraud, Trade Deception, Harassment and Negligence for their actions leading up to the SLAPP-suit.

For background on this case visit:

http://www.fortbendnow.com/news/317/fight-over-apartments-could-restrict-free-speech-on-the-web

http://www.fortbendnow.com/news/487/sienna-plantation-developers-sue-community-activist-for-defamation

http://www.fortbendnow.com/news/645/texas-supremes-side-with-siennajohnson-deny-bid-to-seal-deposition

http://www.fortbendnow.com/news/719/activist-slaps-back-in-countersuit-against-sienna-plantation-developer

and for a topper: http://www.fortbendstar.com/Archives/2005_3q/070605/n_Tree%20huggers%20vs.%20developers%20in%20Mo%20City.htm

See latest court filings:

03-JUL-2006
03:45 PM PROCESS RETURNED MCCLURE, MARY
Entry: SUBPOENA ISSUED: 06-29-06 SUBPOENA SERVED: 06-29-06 NOT ISSUED BY DISTRICT CLERK

20-JUL-2006
12:04 PM MOTION FILED SIENNA/JOHNSON DEVELOPMENT LP,
Entry: PLAINTIFF'S NOTICE OF PARTIAL NONSUIT WITHOUT PREJUDICE WITH CERTIFICATE OF SERVICE

25-JUL-2006
01:40 PM DISM BY PLTF/NON FINAL GOFF, DOUGLAS
Entry: ORDER ON PLAINTIFF'S NOTICE OF PARTIAL NONSUIT WITHOUT PREJUDICE A PAGE AS TO THE COMMITTEE FOR RESPONSIBLE DEVELOPMENT ONLY

(the July 20th and 25th filing frees the CRD homeowners group from the SLAPP-suit)

We will update this as the need warrants. STAY INFORMED AND KEEP IN TOUCH!