Andrews Cnty. v. Sierra Club
No. 14-0214
Case Summary written by Allison Grayson, Online Edition Editor.
In this case, the court of appeals concluded that the Texas Citizens Participation Act’s “clear and specific evidence” requirement “indicated an elevated evidentiary standard that did not permit the use of circumstantial evidence or reasonable inferences to support the plaintiff’s prima facie case.” Further, the court of appeals concluded that Andrews County failed to meet its burden under the Act and that the trial court erred by not granting Sierra Club’s motion to dismiss.
In response, the Supreme Court of Texas determined that the court of appeals’ decision contradicted the decision made in In re Lipsky. The Court explained that “the phrase ‘clear and specific evidence’ neither imposes a heightened evidentiary burden nor categorically rejects the use of circumstantial evidence when determining the plaintiff’s prima-facie-case burden under the Act.” Based on the Court’s decision in Lipsky, the Court remanded the case back to the court of appeals for further consideration.