Ancona v. Eller

Syllabus

The plaintiffs appealed from the trial court's judgment granting the special motion to dismiss filed by the defendant E and dismissing their complaint as against E pursuant to the anti-SLAPP statute (§ 52-196a). The plaintiffs claimed, inter alia, that the court improperly concluded that the counts of the complaint directed against E, a former town official, were subject to dismissal pursuant to § 52-196a. Held: This court declined to review the plaintiffs' claim that, because of E's status as a town official at the time she made allegedly defamatory statements, she was not entitled to the protections afforded under § 52-196a, as the plaintiffs failed to raise that claim in the trial court before filing their appeal and, thus, it was not properly preserved with respect to the judgment on appeal. The plaintiffs' claim that E's statements were not communicated in a public forum and, thus, did not meet the initial threshold of § 52-196a was unavail- ing, as the basis of the trial court's ruling was that the plaintiffs' complaint improperly targeted E's right to petition the government, and the public forum issue had no discernable bearing on the judgment. Argued December 10, 2025—officially released June 30, 2026