Judge orders legal fees paid to Utah newspaper that defended libel suit

SALT LAKE CITY — A businessman has been ordered to pay almost $400,000 to the weekly Utah newspaper he sued for libel.

It’s to cover the legal fees of the Millard County Chronicle Progress. In September, it became the first news outlet to successfully use a 2023 law meant to protect First Amendment activities.

The law also allows for victorious defendants to pursue their attorney fees and related expenses. The plaintiff, Wayne Aston, has already filed notice he is appealing the dismissal of his lawsuit.

As for the legal fees, Aston’s attorneys contended the newspaper’s lawyers overbilled. But Judge Anthony Howell, who sits on the bench in the state courthouse in Fillmore, issued an order Monday giving the Chronicle Progress attorneys everything they asked for – $393,597.19.

Jeff Hunt, a lawyer representing the Chronicle Progress, said in an interview Tuesday with FOX 13 News the lawsuit “was an existential threat” to the newspaper.

“It would have imposed enormous financial cost on the on the newspaper just to defend itself,” Hunt said.

“It’s just a very strong deterrent,” Hunt added, “when you get an award like this, from bringing these kinds of meritless lawsuits in the first place.”

Aston sued the Chronicle Progress in December 2023 after it reported on his proposal to manufacture modular homes next to the Fillmore airport and the public funding he sought for infrastructure improvements benefiting the project. Aston’s suit contended the Chronicle Progress published “false and defamatory statements.”

The suit asked for “not less” than $19.2 million.

In its dismissal motion, attorneys for the newspaper said the reporting was accurate and protected by a statute the Utah Legislature created in 2023 to safeguard public expression and other First Amendment activities.

Howell, in a ruling in September, said the 2023 law applies to the Chronicle Progress. He also repeatedly pointed out how the plaintiff didn’t dispute many facts reported by the newspaper.