Jurisdiction | Statute or Case Law? | Any Forum? | Any Public Issue? | Mandatory Attorney Fees/Costs? | Additional Burden? | Amendment After Grant? | Amendment While Pending? | Immediate Appeal? |
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2Leading Case: Protect Our Mountain Environment, Inc. v. District Court of County of Jefferson, 677 P.2d 1361 (Colo. 1984).
Protect Our Mountain Environment, Inc. v. District Court, 677 P.2d 1361 (1984)
An action against a defendant arising out of a defendant’s legitimate petition for redress of grievances under the First Amendment of the U.S. Constitution is subject to summary judgment for the defendant. The moving party must present sufficient facts to permit the court to reasonably conclude that the plaintiff’s action is devoid of reasonable factual support or, if so supported, is lacking a cognizable basis in law. If this showing is made, the plaintiff must present sufficient facts to permit the court to reasonably conclude that defendant’s petition for redress of grievances was primarily for the purpose of harassment or some other improper purpose.