Flat Creek Concrete firm sues NBACC for libel


By Matt Tate A libel suit filed against the


North Buncombe Association of Concerned Citizens and its presi- dent has again heightened the battle between the civic group and a concrete company wanting to build in Flat Creek. Blue Ridge Concrete’s suit


against the NBACC and Aaron Pohl-Zartesky claims a letter that was posted on the NBACC Web site referencing environmental violations at other concrete plants owned by Blue Ridge Concrete President Mark Turner are false. In the lawsuit, Turner states none


of his plants in South Carolina, Tennessee and Georgia have been found in violation of environmen- tal codes as of January, the date of publication for Pohl-Zartesky’s letter to Lisa Jackson, the director of the Environmental Protection Agency. According to the suit, the plain-


tiff also contends the Web site contained an image depicting a concrete truck, with the company’s name on it, striking a school bus. Pohl-Zartesky said the image is


David Gantt makes his argument against the plant.


generic since Blue Ridge Concrete has not begun operation. Brian Gulden, the company’s


lawyer, did not return a phone call seeking comment. Te plaintiffs are asking the


NBACC and Pohl-Zartesky for in excess of $10,000 as well as halting further dissemination of the letter and other allegedly false informa- tion as well as the image. Te content has been removed from the site, but Pohl-Zartesky


said the suit is “without merit.” “It’s basically an attempt to in-


timate citizens from free speech rights to oppose,” he said. Pohl-Zartesky believes the libel


claim is what is commonly referred to as a SLAPP suit. SLAPP, or a strategic lawsuit


against public participation, is term coined to describe a lawsuit that its defendants believe is intended to censor or intimidate them through


Continued on page 9


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