Guts of the lawsuit against Washo & Speicher

[Ski]

In reading the actual filing by Sno Mountain, here's the meat of the lawsuit:

 

 

28. In August 2006, Defendant Washo falsely, maliciously and defamatorily made statements to third persons, including but not limited The Scranton Times Tribune, the import of which was that Sno Mountain and Denis Carlson violated the law and/or engaged in criminal misconduct. Some of Defendant Washo's false and defamatory statements were then re- published to the public at large by The Scranton Times Tribune. For example, Defendant Washo referred to the Purchase Agreement between the Lackawanna County Board of Commissioners as being the product of "back room dealings" and that the Purchase Agreement "violates county and state law." These comments were printed by The Scranton Times Tribune on or about August 4, 2006.

 

 

29. The foregoing conduct by Defendant Washo is not shielded by the doctrine of official immunity because these actions, including but are not limited to: (1) filing a lawsuit in his individual capacity; (2) making false and defamatory claims regarding the nature and legality of the Purchase Agreement; and (3) making the foregoing false, malicious and defamatory statements regarding Sno Mountain and Denis Carlson to third parties and to the press, are all outside the scope of Defendant Washo's official duties as a County Commissioner. Moreover, these activities by Defendant Washo are malicious, intentionally wrongful, reckless, negligent or otherwise improper.

 

30. On information and belief, it is averred that Defendant Washo's aforesaid actions are motivated by political or partisan considerations rather than taken in furtherance of his duties and responsibilities to the citizens of Lackawanna County.

 

31. The aforesaid actions by Defendant Washo also directly interfere with constitutionally protected property rights of the Plaintiffs. Although Defendant Washo is privileged by virtue of his office to disagree with the majority Commissioners with respect to the wisdom of selling Montage Ski Area to Sno Mountain, he is not privileged to make frivolous, factually incorrect and otherwise non-meritorious allegations against his fellow Commissioners and Sno Mountain. Nor is Defendant Washo privileged to tortiously interfere with a lawful and binding contract between Lackawanna County and Sno Mountain. Nor is Defendant Washo privileged to publish false and defamatory statements regarding Sno Mountain and/or Denis Carlson.

 

*(recap)

 

37. Plaintiffs Sno Mountain and Denis Carlson have suffered actual legal damage as a direct and proximate result of Defendant Washo's actions as alleged above. Such damages exceed the sum of $50,000 and are continuing in nature. 38. Plaintiffs are entitled to recover an award of punitive or exemplary damages as a result of Defendant Washo's outrageous conduct and for the purpose of punishing and deterring such conduct. WHEREFORE, plaintiff, Sno Mountain LLC, demands judgment in its favor and against defendant Michael J. Washo and request an award of compensatory damages in excess of the jurisdictional amount of Fifty Thousand Dollars ($50,000.00), plus interest and costs, and further requests an award of punitive damages, together with whatever other relief is deemed appropriate by the Court.

 

*(recap)

 

41. As alleged above, Defendant Speicher has taken purposeful actions which were specifically intended to harm the existing contractual relationship between Lackawanna County and Sno Mountain.

 

42. Defendant Speicher is not privileged or justified in engaging in the aforesaid purposeful actions with respect to Sno Mountain.

 

43. Defendant Speicher's actions were willful and deliberate. Defendant Speicher's actions are obviously motivated by a desire to obtain Montage Ski Area for himself on terms less advantageous than those offered by Sno Mountain.

 

44. Plaintiffs Sno Mountain and Denis Carlson have suffered actual legal damage as a direct and proximate result of Defendant Speicher's actions as alleged above exceed the sum of $50,000 and are continuing in nature.

 

45. Plaintiffs are entitled to recover an award of punitive or exemplary damages as a result of defendant Speicher's outrageous conduct and to punish and deter such conduct. WHEREFORE, plaintiff, Sno Mountain LLC, demands judgment in its favor and against defendant Christopher J. Speicher and request an award of compensatory damages in excess of the jurisdictional amount of Fifty Thousand Dollars ($50,000.00), plus interest and costs, and further requests an award of punitive damages, together with whatever other relief is deemed appropriate by the Court.