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Gilman v. Toll

Gilman v. Toll – Toll Files Motion To Dismiss

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
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6 comments

  1. Sam Toll,
    NEW STOREY COMMISSIONER
    When the Judge throws this bogus accusation about you out, the Order should also include a
    Demand that your accuser be immediately removed from from The STOREY COUNTY Commission.
    Your expert investigating skills have proven beyond a doubt that your (powerfully propagated)
    accuser does not live in the area that he says he is living. (how many $millionaires live in mobile homes?)
    What is the punishment for forging a Government document about residence in order to receive
    highly paid and powerful Public Office?
    Thank you again for your Patriotism.
    Sam DNA Dehne
    PS
    Considering the dire consequences that Storey County Commissioners can permeate,
    wouldn’t it be imperative that the Judge should rule on this issue right now?
    PSS
    I suggest when your accuser is removed, that you be installed as his replacement.
    Sam DNA Dehne

  2. Excellent reporting, Sam. It appears to me that SC may have some legal jeopardy here; a County Commissioner whose residence is questionable, as he appears to claim to live in both Washoe and Storey Counties. If he lives in Storey, he has apparently lied to Washoe to receive a lower tax rate on his property. If he lives in Washoe and is eligible for a lower property tax rate, I do not believe he can not legally be a Storey County Commissioner.

    Gilman also is registered to vote and has voted in Storey County, and yet this document clearly states that Gilman’s primary residence is Washoe County. I am not a lawyer, but could this be state and federal voting fraud?

  3. Breck Greninger

    What is the mark of delineation, time wise for a calendar year, in which one can legally divide their time between residences & claim both. Or is it 50% & 1 day for one of them to be the primary residence?

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