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Meyer Land & Cattle Co. v. Lincoln County Conservation Dist.9/14/2001
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Although Taylor specifically analyzes the relationship between tortious interference and libel, the rationale applies equally to other counts clearly derivative of the core defamation claim. Here, it is apparent on the face of the petition that Meyer has raised multiple claims that Lincoln knowingly communicated false information. These misrepresentation-based claims all rest upon the core claim that the letter is a lie, all are essentially allegations of defamation, and all are similarly time barred.
As a result, under Taylor, the 1-year statute of limitations pertaining to defamation bars the claims for defamation, misstatement of fact, misrepresentation, and false light.
We turn next to Meyer's tortious interference claim. The requirements to show tortious interference with an existing or prospective business relationship are: (1) the existence of a business relationship or expectancy with the probability of future economic benefit to the plaintiff; (2) knowledge of the relationship or expectancy by the defendant; (3) that, except for the conduct of the defendant, plaintiff was reasonably certain to have continued the relationship or realized the expectancy; (4) intentional misconduct by defendant; and (5) damages suffered by plaintiff as a direct or proximate cause of defendant's misconduct. Macke Laundry Service Ltd. Partnership v. Mission Assocs., Ltd., 19 Kan. App. 2d 553, 561, 873 P.2d 219, rev. denied 255 Kan. 1002 (1994).
Taylor is directly on point. In Taylor, the court noted that on the facts presented the statements would have to be false in order for tortious interference to be indicated. "In the final analysis, the success of plaintiff's lawsuit rests on whether the statements in the letter are true or false. If they are true, plaintiff has little to complain about." 25 Kan. App. 2d at 678. Similarly, if in fact Lincoln's statements are true, Meyer can proceed only if he can show that Lincoln committed misconduct by communicating the truthful statements to KDHE. Otherwise, Meyer has no addressable claim.
Meyer has not provided any relevant law supporting its position that Lincoln was barred from communicating with KDHE. In fact, the regulations pertaining to county conservation districts contemplate close cooperation among the various State and local agencies involved in environmental management. See, e.g., K.A.R. 11-7-7 (KDHE has direct role in reviewing conservation district's overall pollution management plan). Further, KDHE itself is responsible for establishing the standards for livestock waste control systems. K.A.R. 11-7-14(h). If Lincoln's statements are true, it appears Meyer in fact possessed a lagoon which failed minimum water quality standards. Why Lincoln communicated this fact to an array of government and administrative entities is unexplained, but Meyer has not linked that dissemination to any particular harm.
Generally, when powers are expressly conferred on an officer or governmental board, the power is implied to take such reasonable means as may be necessary for effective exercise of the powers conferred and discharge of the duties imposed. Edwards County Comm'rs v. Simmons, 159 Kan. 41, 53, 151 P.2d 960 (1944). There is no indication the legislature would consider Lincoln's request for an independent test inappropriate where it was made in the context of cooperatively managing water quality in the district. Meyer has not adequately pled a breach of duty.
Even if inappropriate, Lincoln's request to KDHE for testing did not result in actionable tortious harm in the context of tortious interference. Meyer has not pled specific interference with a particular business relationship. See Macke, 19 Kan
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