Airstrip defamation lawsuit was dismissed, twice. Boren appeals to Idaho Supreme Court

Nicole Blanchard
·2 min read
27

Idaho businessman Mike Boren has elevated a twice-dismissed defamation lawsuit, against critics of his private airstrip in the Sawtooth Range, to the Idaho Supreme Court.

Boren, who cofounded Clearwater Analytics with his brother David, first filed the lawsuit in May 2022 against Blaine County Housing Authority director Sarah Michael, Sawtooth Search and Rescue Cmdr. Gary Gadwa, Boise video producer Jon Conti and Blaine County Commissioner Dick Fosbury, who died of cancer Sunday.

The lawsuit came after public officials objected to Boren’s application for a conditional use permit to designate an airstrip at a pasture on Hell Roaring Ranch south of Stanley. The ranch is part of the Sawtooth National Recreation Area. Boren’s attorneys have claimed that his reputation was harmed worldwide, and that his family faced death threats over the airstrip outcry.

Custer County Judge Stevan H. Thompson dismissed the initial lawsuit against three of the defendants in October, saying it could constitute a strategic lawsuit against public participation — also known as a “SLAPP” lawsuit — that could potentially limit free speech. According to Cornell Law School’s Legal Information Institute, the term refers to lawsuits brought with the intent of silencing critics.

Boren’s attorneys moved to file an amended complaint in November to add details of the alleged damages to Boren’s reputation, but the court denied the request. Boren in January asked Thompson to finalize the case so he could appeal it to the Supreme Court.

Boren family spokesperson Todd Cranney told the Idaho Statesman the appeal is “based on errors committed by the court.” The appeal asks the state’s highest court to determine if Thompson’s court made an error or “abused its discretion” when it dismissed the claim and denied the amended complaint.

The appeal reiterated claims made in the original lawsuit, saying the defendants’ comments were made with malice and should not be protected under the First Amendment. It also criticized Thompson’s comments that the lawsuit may constitute a SLAPP lawsuit, since Idaho does not have an anti-SLAPP law. Thompson said in his initial dismissal that he believed he needed guidance from the Supreme Court on SLAPP lawsuits to address the case.

In recent years, several states have passed laws meant to discourage SLAPP lawsuits, and Congress has weighed a similar federal law.

Michael has created a fundraiser through GoFundMe.com, which said the costs of defending herself in the lawsuit have been “devastating.” She said she has paid $25,000 out of her retirement already and anticipates spending another $20,000 on the Supreme Court appeal.

“Free speech and the Sawtooth National Recreation Area are worth fighting for,” Michael wrote.