Preview:

STATE OF MINNESOTA IN SUPREME COURT A08-1764 Court of Appeals Anderson, G. Barry, J. Dissenting, Anderson, Paul H., J. Took no part, Stras, J.

Loren J. Zutz, et al., Appellants, vs. John Nelson, et al., Respondents. ________________________ Paul A. Sortland, Sortland Law Office, Minneapolis, Minnesota, for appellants. Lindsay G. Arthur, Jr., Beth Jenson Prouty, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, Minnesota, for respondents. ________________________ SYLLABUS Watershed district board members are protected by a qualified privilege against defamation suits for statements made when board members are performing a legislative function on behalf of the district. Reversed and remanded. Filed: September 9, 2010 Office of Appellate Courts

1

OPINION ANDERSON, G. Barry, Justice. This case involves the level of privilege from defamation liability applicable to subordinate government bodies such as watershed district boards. All four parties are board members of the Middle Snake Tamarac Rivers Watershed District in northwestern Minnesota. While serving as board members, Loren J. Zutz and Elden J. Elseth

conducted an investigation regarding alleged improprieties in the watershed districts payroll practices. Fellow board members John Nelson and Arlyn Stroble believed that the actions of Zutz and Elseth were inappropriate and in violation of the law. Both Nelson and Stroble allegedly made statements to that effect at a 2007 watershed district meeting, and Zutz and Elseth then brought this action against Nelson and Stroble for defamation. The Marshall County District Court granted Nelson and Strobles motion for judgment on the pleadings, holding that as board members, they were protected by an absolute legislative privilege. Zutz and Elseth appealed, and the court of appeals

affirmed in an unpublished decision. Zutz v. Nelson, No. A08-1764, 2009 WL 1752139 (Minn. App. June 23, 2009). Because we hold that members of watershed district boards are entitled to only a qualified, rather than an absolute, privilege, we reverse and remand. A watershed district is a special-purpose unit of local government created by statute "[t]o conserve the natural resources of the state by land use planning, flood control, and other conservation projects." Minn. Stat.

Download A08-1764, Loren J. Zutz, et al., Appellants, vs. John Nelson, et al., Respondent

Minnesota Law