537.528. Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis--procedural issues.
Actions for damages for conduct or speech at public hearings andmeetings to be considered on expedited basis--procedural issues.
537.528. 1. Any action seeking money damages against a person forconduct or speech undertaken or made in connection with a public hearing orpublic meeting, in a quasi-judicial proceeding before a tribunal ordecision-making body of the state or any political subdivision of the stateis subject to a special motion to dismiss, motion for judgment on thepleadings, or motion for summary judgment that shall be considered by thecourt on a priority or expedited basis to ensure the early consideration ofthe issues raised by the motion and to prevent the unnecessary expense oflitigation. Upon the filing of any special motion described in thissubsection, all discovery shall be suspended pending a decision on themotion by the court and the exhaustion of all appeals regarding the specialmotion.
2. If the rights afforded by this section are raised as anaffirmative defense and if a court grants a motion to dismiss, a motion forjudgment on the pleadings or a motion for summary judgment filed withinninety days of the filing of the moving party's answer, the court shallaward reasonable attorney fees and costs incurred by the moving party indefending the action. If the court finds that a special motion to dismissor motion for summary judgment is frivolous or solely intended to causeunnecessary delay, the court shall award costs and reasonable attorney feesto the party prevailing on the motion.
3. Any party shall have the right to an expedited appeal from a trialcourt order on the special motions described in subsection 2 of thissection or from a trial court's failure to rule on the motion on anexpedited basis.
4. As used in this section, a "public meeting in a quasi-judicialproceeding" means and includes any meeting established and held by a stateor local governmental entity, including without limitations meetings orpresentations before state, county, city, town or village councils,planning commissions, review boards or commissions.
5. Nothing in this section limits or prohibits the exercise of aright or remedy of a party granted pursuant to another constitutional,statutory, common law or administrative provision, including civil actionsfor defamation.
6. If any provision of this section or the application of anyprovision of this section to a person or circumstance is held invalid, theinvalidity shall not affect other provisions or applications of thissection that can be given effect without the invalid provision orapplication, and to this end the provisions of this section are severable.
7. The provisions of this section shall apply to all causes ofactions.
(L. 2004 S.B. 807 § 537.800)