A judge has dismissed the lawsuit filed by developer J. Brian O’Neill against a Chester County environmental activist and local blogger, writes Frank Kummer for the Philadelphia Inquirer.

The civil suit was submitted by O’Neill against Maya Van Rossum and her Delaware Riverkeeper Network, as well as blogger Carla Zambelli.

O’Neill is looking to construct 228 housing units at Bishop Tube in East Whiteland Township, and has faced opposition from local environmentalists. The judge said that the activists have a First Amendment right to campaign against the project, even if it results in delays that cost millions of dollars.

O’Neill stated that both he and his partners had suffered “significant monetary harm in an amount in the tens of millions of dollars” and was asking for $50,000, plus costs.

Chester County Court Judge Jeffrey R. Sommer dismissed the case, stating that “this is what we call constitutionally protected free speech.”

Read more about the lawsuit in the Philadelphia Inquirer here.