HOUSTON – Back in June, a district judge dismissed both Houston Mayor Sylvester Turner and Clear Channel Outdoor from a lawsuit brought by attorney Tony Buzbee.
On Nov. 17, the 14th Court of Appeals affirmed the ruling, finding the trial court did not abuse its discretion.
Turner and Clear Channel had moved to dismiss under the Texas Citizens Participation Act, which seeks to safeguard free speech against frivolous litigation.
“Because it is undisputed that Buzbee presented no evidence to support his allegations other than the allegations themselves, we conclude the trial court did not err in granting appellees’ TCPA motions to dismiss,” the opinion states. “Finally, we reject Buzbee’s alternative argument that the trial court abused its discretion in not allowing Buzbee additional discovery.
“We affirm the trial court’s judgment.”
Buzbee claimed the mayor received campaign contributions that were being disguised as non-reported corporate donations.
The attorney alleged Clear Channel needs the mayor’s help to amend a billboard ordinance and the two conspired to put billboards across the city with Turner’s picture prominently featured.
Orders granting the motions to dismiss were entered on June 14.
Buzbee's suit sought damages of not less than $5 million. Houston attorney Chad Pinkerton represents him.
The suit was filed April 17 in Harris County District Court, case No. 2019-27094.
Appeals case No. 14-19-00512