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KRYSTKOWIAK v. W.O. BRISBEN COMPANIES, INC.

No. 02SC686.

90 P.3d 859 (2004)

Erik KRYSTKOWIAK, Petitioner, v. W.O. BRISBEN COMPANIES, INC., Respondent.

Supreme Court of Colorado, En Banc.

May 24, 2004.

Attorney(s) appearing for the Case

Anderson, Dude & Lebel, P.C., Lenard Rioth, Colorado Springs, Colorado, Attorney for Petitioner.

Hall & Evans, L.L.C., Alan Epstein, Reutzel & Associates, John M. Spillane, Denver, Colorado, Attorneys for Respondent.

Kaplan Kirsch Rockwell, Lori Potter, Denver, Colorado, Attorney Amicus Curiae for The League of Women Voters of Colorado and SLAPP Resource Center.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

In this case, we consider the scope of the First Amendment's protection of a citizen's right to petition the government and the procedural requirements of Protect Our Mountain Environment, Inc. v. District Court, 677 P.2d 1361 (Colo.1984) ("POME"). We must determine whether the First Amendment of the United States Constitution protects...

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