TRAVERSE CITY -- A lawsuit against Meijer Inc. and its former lawyers is moving forward, but some Acme Township officials won't be quick to jump back into the legal fray.
Robert Carstens, a member of Acme's planning commission, filed a motion in Grand Traverse County Circuit Court Thursday accusing the Grand Rapids-based retail giant, attorney Timothy Stoepker and the law firm Dickinson Wright PLLC of malicious prosecution and abuse of process among several allegations. It charges that Meijer and its attorneys intentionally harmed Carstens and other townships officials through a frivolous lawsuit, illegal campaign activity and secret financial support of a "citizens" group that harassed township officials.
"Defendants used their economic power and position to inflict real economic threat of risk and injury in an attempt to prevent ... public officials from performing the duties of their respective public offices," the complaint alleges.
Meijer and The Village at Grand Traverse LLC named four planning commissioners and four township board members personally in suits against the township filed in 2005. The development partners sought millions of dollars in damages from the township -- and the individual officials -- over a zoning dispute for a proposed development on M-72.
In November, the targeted Acme officials agreed to release Meijer and its attorneys from future litigation to settle the lawsuit. But that agreement came before Meijer publicly acknowledged it illegally spent more than $100,000 to influence township elections in 2005 and 2007.
Last month, Circuit Court Judge Philip Rodgers ruled the releases were obtained under "extraordinary" circumstances and threw them out. That allowed up to six current and former township officials to join Carstens' suit. Four have met with Carstens' attorney, Michael Dettmer, to discuss options but have yet to sign on.
"I'd like to, I'd love to see someone at Meijer or Dickinson Wright fry," Acme trustee Frank Zarafonitis said. "What they did was an atrocity, but I want to get through my election and then make a decision."
Zarafonitis and trustees Erick Takayama and Ron Hardin aren't expected to announce a decision whether to join Carstens' suit before the Aug. 5 primary, when they face pro-development election challengers.
Between his landscaping business, township duties and the upcoming election, Takayama said he hasn't had time to focus on a possible lawsuit. But whatever his decision, Takayama said it won't involve the township.
"They sued me personally, they attacked me and my family, threatened my livelihood and my business," Takayama said. "I think there are a couple of people who need to answer for their actions."
Acme Township attorney Chris Bzdok said the decision to reopen the case will not affect the township. Zoning aspects of the case remain settled, he said.
The ruling, however, also gives Meijer and The Village the right to reinstate their claims against the individual officials.
Meijer attorney Jim Brady did not return several calls seeking comment.
Dickinson Wright officials declined to be interviewed but said in a statement they believe Carstens' complaint "is not supported by the facts or by applicable law." The blue-chip firm based in Detroit also said it "fully expects that its position will be vindicated."
Others personally named in suits by Meijer and The Village were former township Treasurer William Boltres, former Supervisor Bill Kurtz, planning commissioner Clare David and former planning commissioner John Pulcipher.
David and Hardin also met with Dettmer, but said they haven't made a decision about joining Carstens' suit.
Pulcipher could not be reached for comment, but previously told the Record-Eagle he had no interest in re-entering the Meijer dispute and signed an agreement with The Village not to sue.
Kurtz said he hasn't met with Dettmer or given the suit any thought.
"We are going forward with Carstens and the others can join the suit now or later," Dettmer said.
Boltres filed his own suit against Meijer and in December settled for an undisclosed sum. A separate suit Boltres filed against The Village is pending.
Recent court filings and court statements by The Village's new attorneys indicate the developers are blaming Meijer and its former attorneys at Dickinson Wright for any alleged wrongdoing.
Carstens' suit does not include The Village for "strategic reasons," Dettmer said.
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