CDQ Obtains Dismissal of Counterclaims As Violations of Anti-SLAPP Statute
CDQ Attorneys Dan Dowd, Gabe Aragon, Neil Stuart and Cole Kubosumi represent a group of Homeowners in connection with a dispute with the owner of the neighboring Biltmore Golf Course. The Homeowners sued to abate a nuisance resulting from the operation of the Golf Course. The Owner countersued the Homeowners for multiple contract and tort claims related to the Homeowners’ exercise of their First Amendment right to petition the government for redress. In December 2020, Maricopa County Superior Court Judge Daniel G. Martin granted CDQ’s motion to dismiss the Counterclaim in its entirety on the grounds that the Counterclaim violated the Homeowners’ First Amendment right to petition the government for redress and violated Arizona’s anti-SLAPP statute. The Court also awarded the Homeowners their costs and fees. Read the full decision here.