Lawyers move to dismiss Titan's suit against citizens - WECT, weather & sports Wilmington, NC

Lawyers move to dismiss Titan's suit against citizens

WILMINGTON, NC (WECT) - Lawyers for two citizens currently being sued by Titan America for defamation have filed a motion to get the lawsuit dismissed.

The lawsuit was filed earlier this year.  According to the suit, Titan considers such demonstrations part of a "minority of extremists" engaged in a "guerilla campaign to sabotage" the project to build a cement plant in the Castle Hayne area of New Hanover County. These campaigns are intended to "instill fear in the public by aggressively and maliciously misstating facts...and disseminating propaganda materials through baseless public tirades, print media, and most viciously through the Internet."

Titan charges that statements made by both Kayne O. Darrell, from Castle Hayne, and Dr. David L. Hill, a pediatrician in Wilmington, were in malice and the two had "knowledge of their falsity."

[Read more about Titan's initial filing here]

"We contend that as citizens of the United States and the State of North Carolina, they have engaged in constitutionally protected speech, and that the opinions they expressed about this proposed facility are well supported by both science and fact," said Gary Shipman of Shipman & Wright, LLP, defense attorney for the case, said in an emailed news release.

In May, the Sierra Club filed an amicus brief, stating "the statements allegedly made by defendant Hill are consistent with the weight and consensus of scientific evidence."

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