Boren’s defamation lawsuit alleging ‘reckless’ lies over Sawtooth airstrip dismissed
A judge has dismissed defamation claims against Idaho officials who opposed a wealthy property owner’s private airstrip near a national recreation site.
Mike Boren, co-founder of Boise-based financial tech company Clearwater Analytics, in a May lawsuit said he was the victim of “reckless” lies about his use of a private airstrip at his ranch on Idaho 75 in the Sawtooth National Recreation Area. The complaint included 20 unnamed “Does” and four named individuals: Blaine County Commissioner Dick Fosbury, Sawtooth Search and Rescue Cmdr. Gary Gadwa, Blaine County Housing Authority interim director Sarah Michael and Boise video producer Jon Conti.
Last year, Boren stirred controversy over his use of a pasture on his ranch as a private airstrip. When he moved to get a conditional use permit from Custer County to make the pasture a designated airstrip, opponents spoke out and said Boren had already illegally constructed an airport and potentially caused environmental damage. Boren’s lawsuit alleged that airstrip opponents damaged his reputation and subjected his family to death threats, vandalism and widespread ridicule.
In a decision last week, Custer County Judge Stevan H. Thompson dismissed the claims against Fosbury, Gadwa and Michael. The claim against Conti is still active. Conti’s attorney, Bill Smith, told the Statesman in an email that his team has made “another offer to resolve the matter” with Boren. Smith said the case will likely go to a jury trial if the two sides don’t reach an agreement.
Thompson wrote that the defendants’ comments about Boren and his airstrip were protected speech and said Boren’s lawsuit was “potentially harmful” as a means of limiting free speech.
Attorneys for Fosbury and Michael filed separate motions to dismiss the lawsuit, with Michael’s lawyers arguing the complaint was a strategic lawsuit against public participation — also known as a SLAPP lawsuit. According to Cornell Law School’s Legal Information Institute, the term refers to lawsuits brought with the intent of silencing critics. The institute said SLAPP lawsuits have no basis in true legal claims but can keep people quiet on public issues through threat of time and money spent fighting in court.
Several states have anti-SLAPP legislation, though Idaho is not among them.
In his decision, Thompson said Boren’s lawsuit had “many of the key characteristics of a SLAPP suit.” He said the court couldn’t overlook a potential SLAPP lawsuit, especially one that had “the potential for a great chilling effect on constitutional rights” of anyone who spoke out against Boren’s airstrip.
Thompson said he didn’t believe justice would be served if he let the lawsuit proceed without guidance from the Idaho Supreme Court on SLAPP lawsuits.
Fosbury and representatives for Michael said they were pleased with the judge’s decision.
“I’m pleased that the judge followed the law in dismissing this nuisance lawsuit, and I’ll continue to work to protect the values of the (Sawtooth National Recreation Area) for Idaho,” Fosbury wrote in an emailed statement.
Tom Banducci, an attorney for Boren, told the Idaho Statesman in an emailthat they’re disappointed by the partial dismissal but plan to pursue the issue further.
“We understand the court’s desire to obtain direction from the Idaho Supreme Court on issues in this case,” Banducci said. “Mr. Boren continues to sustain damage as a result of the defamation described in the complaint. It’s our intention to appeal this order and have the matter sent back for trial after the Idaho Supreme Court has spoken.”
This story was originally published October 26, 2022 at 4:00 AM.
