By Robert Medley
Managing Editor
The two-year battle over comments city council members made in public meetings about Piedmont’s homebuilding developments has ended in Canadian County District Court.
District Judge Paul Hesse, on Monday granted a motion by the City of Piedmont to dismiss a civil case filed against them in 2021 by a Piedmont homebuilder.
The case was filed by the plaintiff, Boevers Homes LLC. that alleged disparaging comments by city council members obstructed developments. Boevers alleged that “Piedmont and its elected officials have and continue to violate the equal protection rights of Boevers Homes by unlawfully disparaging and obstructing its associated developments.”
Boevers alleged the city denied a permit for dirt work as one example of obstruction.
The civil complaint alleged “Piedmont and its officials have sought to injure Boevers Homes by officially announcing investigations into the plat approval of associated developments and unlawfully demanding changes to developments that have already been approved solely to harass increase costs and cause financial injury to Boevers Homes through delay and loss of market opportunities,” according to the order issued by Hesse.
Hesse disagreed with the allegations. The judge also ordered Boevers to pay Piedmont’s attorney fees of 120,587.50.
On Monday, Nov. 13, Hesse’s court order granted the City of Piedmont’s July motion to dismiss the case filed against them by Boevers Homes.
According to court documents, Piedmont contends that the Boevers claims relate to Piedmont officials’ right of free speech, right to petition and right of association under the Oklahoma Citizens Participation Act.
The civil lawsuit filed in Canadian County District Court in 2021 alleges Piedmont officials “made negative and disparaging remarks about Boevers Homes during Piedmont city council meetings and unlawfully obstructing approved developments where Boevers Homes participated in constructing residential homes,” the order issued Nov. 13 reads.
The order from Hesse reads, “Boevers also agreed that questioning by the city council about a variance between a roadway and the plans for the roadway would constitute disparagement. None of this conduct by Piedmont, or its elected officials, described by Boevers constitutes disparagement.”
The order reads, “Piedmont has met its burden to show that the plaintiff’s claims for declaratory judgment, breach of contract and violation of equal protection rights are all based on or relate to Piedmont elected officials’ exercise of free speech, right of association, and right to petition.”
Also, comments made by former city councilwoman Melissa Ashford did not violate Boevers’ “equal protection rights,” Hesse opined.
The judge’s order describes how Ashford testified at an injunction hearing that “two other council members were ‘constantly going after’ Boevers individually by criticizing his developments.”
Boevers Homes was represented by attorney Gideon Lincecum. The City of Piedmont hired outside counsel through the firm McAfee & Taft.
City council members Jonathan Hisey and Ron Cardwell declined to comment about the case against the city.
City manager Josh Williams said the city does not have a comment on the judge’s order. Mayor Kurt Mayabb did not reply to emails requesting comment or return telephone calls from the Piedmont-Surrey Gazette.
Read The Piedmont Surrey-Gazette and follow piedmontnewsonline.com for updates.
