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Meyer Land & Cattle Co. v. Lincoln County Conservation Dist.9/14/2001
racy itself is likewise barred. See, e.g., Flowers v. Carville, 112 F. Supp. 2d 1202, 1213 (D. Nev. 2000); Scholes v. American Kennel Club, Inc., 1999 WL 799532 (S.D.N.Y. Oct 07, 1999). The most convincing policy expression for this stance is found in Evans v. Philadelphia Newspapers, Inc., 411 Pa. Super. Ct. 244, 601 A.2d 330 (1991). This case addressed a related matter and was persuasive to the Taylor court. See Taylor, 25 Kan. App. 2d at 678.
"Our legislature has given torts short or long statutes of limitations for certain policy reasons. It is therefore clear that a longstanding policy exists in Pennsylvania to allow defendants in defamation cases an opportunity to make a prompt investigation of claims made against them while the evidence is still fresh in the minds of prospective witnesses. This is especially necessary for cases involving slander because the actual content of the statements could quickly fade from the minds of witnesses. Even where the case involves libel, it is still necessary to investigate the circumstances surrounding the making of the statement and it is crucial that it is done promptly.
"The reason behind the public policy requiring a one year statute of limitations for defamation exists whether the cause of action is for defamation or the gravamen of a cause of action for tortious interference with a contract relationship is defamation. Furthermore, in creating a cause of action for tortious interference with a contract, there is nothing to suggest that the courts intended that a claim which was basically one of defamation should be given a two year statute of limitations. [Citations omitted.]" 411 Pa. Super. at 249-50.
While civil conspiracy is a separate, actionable tort, in order to prove conspiracy, the plaintiff would also have to show the underlying tort was committed. Where the underlying tort is time barred, the focus shifts to the legislature's reasons for limiting the time permitted to bring the underlying tort. In order to prove Lincoln conspired, Meyer would have to prove the underlying defamation. This cause of action is time barred for the reason stated earlier. Under the particular facts of this case, we believe that Meyer's civil conspiracy count is also subject to the underlying statute of limitations for defamation. As a result, we affirm the trial court's dismissal of this count.
Finally, Meyer claims it was denied equal protection.
In order to establish and to plead a violation of equal protection based on selective enforcement, plaintiff must show: (1) the person, compared with others similarly situated, was selectively treated; and (2) that such selective treatment was based on impermissible considerations such as race, religion, intent to inhibit or punish the exercise of constitutional rights, or malicious or bad faith intent to injure a person. Lisa's Party City, Inc. v. Town of Henrietta, 185 F.3d 12, 16 (2d Cir. 1999).
Meyer contends that the claim contained in count VIII of the petition is a claim of damages for a denial of equal protection. The count itself is entitled "Failure to Carry Out Duties in Reasonable Manner and in Good Faith." The paragraphs contained in count VIII allege that the board of directors failed to act in a reasonable manner and in good faith. Meyer contends that this was done through the board's failure to discuss the matter with plaintiff, to apprise themselves of the actual facts, to notify plaintiff of the fact that the alleged defamatory letter was sent, and that Meyer was, without elaboration, treated differently. Meyer cites no law in its brief to support the contention that this particular count is pled as a cause of action for a denial of equal protectio
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