Toll Files Motion To Dismiss Case Based On Evidence Surrounding Lance Gilman’s Residence
Attorneys for Sam Toll filed a motion yesterday to dismiss the defamation lawsuit brought by Storey County Commissioner Lance Gilman. The Court granted an order requiring a quick response to the order the same day.
New evidence surrounding Gilman’s residence surfaced, and Toll’s attorneys filed the motion to dismiss the case. Mr. Gilman states In a 2018 affidavit (included at the bottom of this article):
“Contrary to the Defendant’s assertions, I do live in Storey County, Nevada. My address is 5 Wild Horse Canyon and I have lived there for around twelve years or more.” (Emphasis added.)
Documents Suggest Gilman Lives In Washoe County
Gilman, however, has represented just the opposite to Washoe County. Toll’s motion contains exhibits where Gilman indicates a property in Washoe County as his primary residence. These documents, dating from 2008 to 2019, include a signed statement that the Washoe County property is his primary residence. They also reflect the assertion that the property is a low cap qualified primary residence. Together, these documents prove Gilman’s contention that the Washoe County property, not the trailer behind the Mustang Ranch, is his primary residence.
The Court has already dismissed 7 of the 8 counts. The final count surrounds the statement that Toll made regarding Gilman’s residence. Again, from Toll’s motion:
“This proceeding should be terminated because regardless of the outcome of the evidentiary hearing as Plaintiff Gilman can’t base a defamation action on a statement that mirrors a representation he himself has made.”
The Motion continues:
“Thus, Gilman’s claims that he was defamed by Toll for stating or inferring that Gilman does not reside in Storey County are not a false statement of fact and Gilman’s claim should fail as a matter of law as under NRS 41.637 as Toil’s statement that Gilman does not reside in Storey County is truthful or substantially truthful based on Gilman’s own representations and signed statement in Exhibit 4. In other words, Gilman cannot show a genuine issue of material fact as to whether Toil’s statements about Gilman are defamatory – they cannot be because Gilman made these same statements about himself.” (Emphasis added.)
Documents signed by Gilman assert Gilman’s resides in Washoe County.
A hearing on March 15th will decide if Toll is a Journalist and The Teller is a newspaper or periodical. Toll’s attorney, Luke Busby, is requesting Judge Wilson rule on the motion to dismiss at that time.
Stay Tuned.Motion To Dismiss
Motion Shortening Time
Order Shortening Time