The lawsuit against a group of Christiansburg bloggers may continue, as developer Roger Woody filed a Notice of Appeal Wednesday with the Montgomery County Circuit Court.
Woody sought more than $10 million in actual damages and $350,000 in punitive damages from Terry Ellen Carter, Tacy Newell-Foutz, Carol Lindstrom and Meghan Dorsett for their alleged involvement in blog postings critical of his business practices and a topsoil stockpile at his property on Cambria Street in Christiansburg.
The lawsuit filed by Woody's attorney, B.K. Cruey of Shawsville, accused the four women of working "together for the purpose of developing a website on the internet to be used willfully and maliciously" to cause injury to him and his business. The Web site listed in the filing, www.think christiansburg.com is operated by Carter and Newell-Foutz.
A motion for demurrer, the plea for dismissal, was heard July 31 for Carter and Newell-Foutz, filed by American Civil Liberties Union attorneys Rebecca Glenberg and Jonathan Rogers, citing constitutional rights as a reason for dismissal.
Lindstrom and Dorsett were later dropped from the case due to no clear involvement in the blogs. Last month Judge Ray Grubbs ruled that Carter and Newell-Foutz' request for demurrer be sustained, and the two were cleared of all charges.
Cruey filed the Notice of Appeal on Woody's behalf citing Rule 5:9 of the Supreme Court of Virginia, which states that a notice may be filed 30 days from the civil case ruling. The nonsuit granted to Lindstrom and Dorsett was upheld, as only Carter and Newell-Foutz' names appeared on the Notice of Appeal.
--Lerone Graham