Landowners Precluded from Using Anti-SLAPP Action in Dispute Over Pipeline

ST PAUL, Minn. - Minnesota's Court of Appeals has affirmed an order blocking property owners from using the state's anti-SLAPP statute to block an energy company's action for injunctive relief in a dispute over access a pipeline easement. Enbridge Energy v. Dyrdal, et al., No. A11-381 (Minn. Ct. App.).

The court held Oct. 24 that appellants Donovan and Anna Dyrdal are not immunized by Minnesota's statute prohibiting suits to prevent public participation in an issue of public concern ("strategic limitation against public participation," or SLAPP) because appellee Enbridge Energy is not a public entity and the parties have a pre-existing …