Vendor of undeveloped land brought action for tortious interference with prospective economic advantage against owners of open-quarry mine that was adjacent to a portion of the land, asserting mine owners made misrepresentations during town’s rezoning hearings concerning dangers posed by mining operations, inducing purchaser to exclude from purchase the portion of property that was adjacent to the mine.
The Superior Court granted mine owners’ motion to dismiss for failure to state a claim. The Court of Appeals reversed. Mine owners appealed.
The Supreme Court held that alleged misrepresentations made by mine owners during town’s rezoning hearings constituted protected petitioning activity.
Alleged misrepresentations made by owners of open-quarry mine that was adjacent to a portion of undeveloped land during town’s rezoning hearings concerning dangers posed by mining operations, which statements allegedly induced land purchaser to exclude from purchase agreement with vendor the portion of property that was adjacent to the mine, constituted petitioning activity protected by the First Amendment to the United States Constitution and the North Carolina Constitution.