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ANDREWS COUNTY v. SIERRA CLUB

No. 14-0214.

463 S.W.3d 867 (2015)

ANDREWS COUNTY, Texas, Andrews Industrial Foundation, and Andrews Chamber of Commerce, Petitioners, v. SIERRA CLUB, Respondent.

Supreme Court of Texas.

Opinion Delivered: May 8, 2015.

Attorney(s) appearing for the Case

John L. Pool , Law Office of John L. Pool, Andrews, for Petitioners Andrews Chamber of Commerce and Andrews Industrial Foundation.

Timothy Jay Mason , Andrews County/District Attorney's Office, Andrews, for Petitioner Andrews County, Texas.

Marisa Perales , Frederick Perales Allmon & Rockwell, P.C., Austin, for Petitioner Sierra Club.

When a plaintiff's claim implicates a defendant's valid exercise of First Amendment rights, the Texas Citizens Participation Act allows the defendant to move for dismissal. TEX. CIV. PRAC. & REM. CODE § 27.003(a). To defeat the defendant's dismissal motion, a plaintiff must "establish[] by clear and specific evidence a prima facie...

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