78B-6-1405 - Counter actions -- Attorney fees -- Damages.
78B-6-1405. Counter actions -- Attorney fees -- Damages.
(1) A defendant in an action involving public participation in the process of governmentmay maintain an action, claim, cross-claim, or counterclaim to recover:
(a) costs and reasonable attorney fees, upon a demonstration that the action involvingpublic participation in the process of government was commenced or continued without asubstantial basis in fact and law and could not be supported by a substantial argument for theextension, modification, or reversal of existing law; and
(b) other compensatory damages upon an additional demonstration that the actioninvolving public participation in the process of government was commenced or continued for thepurpose of harassing, intimidating, punishing, or otherwise maliciously inhibiting the freeexercise of rights granted under the First Amendment to the U.S. Constitution.
(2) Nothing in this section shall affect or preclude the right of any party to any recoveryotherwise authorized by law.
Renumbered and Amended by Chapter 3, 2008 General Session