Connelly v. Northwest Publications, Inc.

448 N.W.2d 901, 17 Media L. Rep. (BNA) 1204, 1989 Minn. App. LEXIS 1299, 1989 WL 148126
CourtCourt of Appeals of Minnesota
DecidedDecember 12, 1989
DocketC4-89-1129
StatusPublished
Cited by9 cases

This text of 448 N.W.2d 901 (Connelly v. Northwest Publications, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connelly v. Northwest Publications, Inc., 448 N.W.2d 901, 17 Media L. Rep. (BNA) 1204, 1989 Minn. App. LEXIS 1299, 1989 WL 148126 (Mich. Ct. App. 1989).

Opinions

OPINION

GARDEBRING, Judge.

The trial court granted respondents’ motion for summary judgment on the issue of actual malice and this appeal followed. We affirm.

FACTS

In late 1969 or early 1970, appellant Ray Connelly obtained an interest in Apple Valley Development Partnership in which Robert Daly was also a partner. Connelly was one of seven partners involved in the Development Partnership. The partnership's purpose was to purchase property and resell it for profit.

In the late 1970’s, Connelly was first appointed as a condemnation commissioner in Dakota County. At no time subsequent to his first appointment was any property which he owned personally or through Apple Valley Development Partnership condemned. While serving as a condemnation commissioner he remained a member of the Apple Valley Development Partnership.

In the spring of 1983, Connelly was appointed as commissioner on property owned in part by Robert Daly. Connelly made disclosure to the State of Minnesota by contacting Lou Robards, the assistant attorney general on the case. He explained his business relationship with Daly. Con-nelly explained he had no business interest in the condemned property and Robards made no objection to Connelly serving as a commissioner.

In the spring of 1984, respondent St. Paul Pioneer Press and Dispatch reporters Allen Short and Lucy Dalglish obtained a copy of an FBI memorandum relating to an investigation of the condemnation process in Dakota County. The FBI memorandum contained names of Dakota County judges and condemnation commissioners. It identified condemned parcels and specified potential conflicts. Connelly’s name was not mentioned in the memorandum.

Respondents’ investigation identified four commissioners who either owned land involved in condemnation proceedings or served in proceedings involving property of relatives or business associates. They learned Connelly had been commissioner in at least two condemnation proceedings involving property in which two of his partners, Robert and Leo Daly, had an interest. [903]*903Respondents interviewed the four commissioners. When interviewed, Connelly told respondents of his conversation with Ro-bards.

On August 26, 1984, the St. Paul Pioneer Press and Dispatch published the article, “Land Sale Conflicts Uncovered.” The article stated the authors had been informed of an FBI investigation of the condemnation process in Dakota County. It also identified apparent conflicts of interest and discussed the positions of several officials, including Connelly’s, on the alleged conflicts.

Connelly alleged nine statements in the article were defamatory. Respondents moved for summary judgment arguing Connelly could not show the article was defamatory or that actual malice existed. The trial court found an issue of material fact existed as to the claim of defamation; however, the trial court granted respondents’ summary judgment on the issue of actual malice.

ISSUE

Did the trial court err in granting summary judgment on the issue of actual malice?

ANALYSIS

Standard of Review

On appeal from summary judgment, the function of the appellate court is limited to determining whether there are any genuine issues of material fact and whether the trial court erred in its application of the law. Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn.1979). The evidence must be viewed in the light most favorable to the nonmoving party. Abdallah, Inc. v. Martin, 242 Minn. 416, 424, 65 N.W.2d 641, 646 (1954).

Actual Malice

The trial court granted summary judgment because Connelly failed to make an adequate showing of actual malice. See New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). The first amendment precludes damages for a defamed public official unless the statement was made with actual malice. Actual malice is defined as “knowledge that [the statement] was false or * * * reckless disregard of whether it was false or not.” Id. at 279-80, 84 S.Ct. at 725-26. This showing must be made with convincing clarity. Id. at 285-86, 84 S.Ct. at 728-29.

Reckless conduct is not measured by whether a reasonably prudent person would have published or would have investigated before publishing. St. Amant v. Thompson, 390 U.S. 727, 731, 88 S.Ct. 1323, 1325, 20 L.Ed.2d 262 (1968). Instead, the defamatory statement must have been published with an awareness of its probable falsity, as demonstrated by “sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.” Hirman v. Rogers, 257 N.W.2d 563, 566 (Minn.1977) (quoting St. Amant, 390 U.S. at 731, 88 S.Ct. at 1325). Moreover, when the factual question concerns actual malice

the appropriate summary judgment question will be whether the evidence in the record could support a reasonable jury finding either that the plaintiff has shown actual malice by clear and convincing evidence or that the plaintiff has not.

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255-56, 106 S.Ct. 2505, 2513-14, 91 L.Ed.2d 202 (1986) (footnote omitted). We acknowledge Anderson interprets the Federal Rules of Civil Procedure; however, its reasoning is persuasive in this case.

As a preliminary matter, it should be noted Connelly argued that summary judgment is inappropriate, when, as in this case, the defendant’s state of mind is at issue. We disagree. We find unconvincing Con-nelly’s assertion that case law interpreting qualified privileges and common law malice guide our decision on this issue. The cases cited by Connelly do not construe actual malice in the constitutional sense. See Frankson v. Design Space International, 394 N.W.2d 140, 144 (Minn.1986); Lewis v. Equitable Life Assurance Society, 389 N.W.2d 876, 890-91 (Minn.1986). Thus, they do not consider the New York Times [904]*904constitutional guarantees accorded defendants, and are therefore irrelevant to our analysis.

The Supreme Court presented certain examples of conduct that might constitute actual malice:

Professions of good faith [on the part of the publisher] will be unlikely to prove persuasive, for example, where a story is fabricated by the defendant, is the product of his imagination, or is based wholly on an unverified anonymous telephone call. Nor will they be likely to prevail when the publisher’s allegations are so inherently improbable that only a reckless man would have put them in circulation.

St. Amant, 390 U.S. at 732, 88 S.Ct. at 1326.

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Connelly v. Northwest Publications, Inc.
448 N.W.2d 901 (Court of Appeals of Minnesota, 1989)

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Bluebook (online)
448 N.W.2d 901, 17 Media L. Rep. (BNA) 1204, 1989 Minn. App. LEXIS 1299, 1989 WL 148126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connelly-v-northwest-publications-inc-minnctapp-1989.