Judge dismisses lawsuit against Millard County newspaper based on new Utah law
Sep 29, 2024, 5:30 AM
Fourth District Judge Anthony Howell ruled Thursday to dismiss a defamation lawsuit filed by a developer against the Chronicle Progress, a Millard County newspaper, based on a 2023 Utah public expression protection, or anti-SLAPP, law. (Yuri A., Shutterstock)
(Yuri A., Shutterstock)
FILLMORE — A 4th District judge dismissed a defamation lawsuit filed against a Millard County newspaper in a ruling on Thursday, saying the man who filed the lawsuit did not adequately support his claim.
Wayne Aston’s lawsuit claimed that the Millard County Chronicle Progress’ reporting about his proposed business deal in Fillmore was both false and defamatory. The paper, on the other hand, argued in a Sept. 4 hearing that a 2023 Utah law protecting public expression should lead to the dismissal of the lawsuit before the case headed to trial.
The newspaper’s attorney, Jeffrey Hunt, argued that the case is “a perfect example” of why the law is needed, saying it is designed to weed out defamation claims that would not move forward early on to save the defendant the costs of going through the lawsuit.
He said the defamation claim filed against the paper is “riddled with multiple legal defects.”
“If there’s any case, your honor, that deserves the protection of the statute, it’s this case. If there’s any lawsuit that deserves to be dismissed under the statute, it’s this one,” Hunt said.
The judge agreed with the paper, even admonishing Aston’s attorneys for filing suit. He dismissed the case with prejudice, meaning it cannot be filed again.
A proposed development
During the September hearing, Hunt said Aston first came to Millard County in 2022 with a plan to construct a facility to build modular homes. Later, the plans expanded to include a recycling and repurposing plant. The proposed construction, Hunt said, would require a significant investment in infrastructure from Fillmore, although it would provide employment for hundreds of workers.
