Tri-County Concrete Co. v. Uffman-Kirsch

Tri-County Concrete Company (Tri-County) (plaintiff) acquired property in North Royalton, Ohio to expand its concrete operation. Tri-County obtained a use variance to construct plants on the North Royalton property. The use variance was subject to restrictions, and failure to comply with the restrictions was grounds for revocation of the variance. North Royalton discovered that Tri-County was in violation of the restrictions and posted stop-work orders on the company’s site on July 2, 1996, but Tri-County attempted to continue operations the next day. On July 9, North Royalton issued an order to correct the violations and gave Tri-County 15 days to comply. Lisa Uffman-Kirsch (defendant) was part of a local organization supporting an initiative to establish a rural-residential zoning district in North Royalton. On July 22, Uffman-Kirsch sent a letter to the planning commission, disparaging the company for its “total disregard” and “complete defiance” of North Royalton’s laws, restrictions, and requirements. On September 18, Tri-County filed a complaint against Uffman-Kirsch and others, alleging defamation and malicious interference with the constitutional right to petition the government for redress of grievances. Uffman-Kirsch filed a counterclaim alleging abuse of process and violation of her First Amendment right to free speech against Tri-County. The trial court granted summary judgment to Uffman-Kirsch on Tri-County’s claims and granted summary judgment to Tri-County on Uffman-Kirsch’s counterclaims. Tri-County appealed, alleging that the court had erred in granting summary judgment on its claims. Uffman-Kirsch also appealed, arguing that Tri-County’s lawsuit was a strategic lawsuit against public participation (SLAPP). Some states had enacted anti-SLAPP legislation designed to prevent unfounded lawsuits against members of the public who voiced concerns on matters of public interest. Although Ohio had a general frivolous-lawsuit statute, Ohio did not have an anti-SLAPP statute.