Back in 2006, I wrote two posts about Western Seafood Co. v. City of Freeport, a potentially important post-Kelo eminent domain case decided by the Fifth Circuit Court of Appeals (see here and here). The case became the subject of an excellent book by legal journalist Carla Main, who documented how the condemnation of the property was likely instigated by H. Walker Royall, the Texas oil millionaire who sought to acquire the land in order to build a luxury marina.

Now Royall is suing Main for libel, and also suing University of Chicago law professor Richard Epstein because Epstein wrote a laudatory blurb for the book. Tim Sandefur has the details and additional links here. As Tim points out, it is unlikely that Royall will win his suit because he is clearly a "public figure" under New York Times v. Sullivan, and a public figure cannot prevail on a libel claim unless he proves both that the statements about him were untrue and that the the defendants knew it or acted with "reckless" disregard for the truth.

CONFLICT OF INTEREST WATCH: Richard Epstein and I have worked together on some other eminent domain issues, though not on this case. I also have done a variety of eminent domain-related pro bono work for the Institute for Justice, which is representing Epstein and Main.

A few weeks ago, I blogged about a lawsuit in which Texas developer H. Walker Royall is suing legal journalist Carla Main for alleged defamation. Royall had previously acquired property through the use of eminent domain by the city of Freeport, Texas, so that he could in turn use it to build a luxury marina. Main wrote a compelling book about the case, and now Royall is suing her for defamation because she described his role in the case in an unflattering light. Even more absurdly, Royall is also suing University of Chicago law professor Richard Epstein for writing a favorable blurb for the book.

In this recent op ed coauthored with her publisher, Roger Kimball, Main gives her view of the case and the threat it poses to property rights and freedom of speech.

It is highly unlikely that Royall will actually win this case. However, such lawsuits can still serve to stifle criticism of questionable takings by imposing steep litigation costs on critics. Main and Epstein are fortunate to have free representation from the Institute for Justice, the libertarian public interest law firm that has litigated numerous property rights cases, including Kelo v. City of New London. Most other eminent domain critics and threatened property owners are not so fortunate.

CONFLICT OF INTEREST WATCH: Richard Epstein and I have worked together on various eminent domain issues, though not on this case. I also have done a variety of eminent domain-related pro bono work for the Institute for Justice, which is representing Epstein and Main.

UPDATE: I accidentally got Royall's first name wrong in the first version of this post. The mistake has now been corrected.