TRAVERSE CITY -- Two northern Michigan lawmakers expect to introduce legislation this week to discourage developers from using frivolous lawsuits to intimidate and harass public officials and local opposition groups.
Lawsuits by Meijer Inc. and the Village at Grand Traverse LLC against eight Acme Township officials prompted State Reps. Kevin Elsenheimer, of Kewadin, and Howard Walker, of Traverse City, to introduce the legislation.
The proposed law would help prevent court actions commonly known as SLAPP suits, or strategic lawsuits against public participation.
"These cases often are the classic stereotype of one side with deep pockets and unlimited resources willing to do as much as they can to overwhelm and outlast the other side into submission," Walker said.
SLAPP suits are not aimed at winning the issue as much as burdening the defendant with legal costs, fear and intimidation until the defendant gives up or backs down, Walker said.
The proposed legislation awards triple damages, court costs and attorney fees if a court finds a suit against individuals in a zoning matter intended to hinder public officials in carrying out their duties or hamper citizens from participating in public discourse.
"My hope is triple damages would be sufficient to at least make someone who is thinking about a SLAPP suit think twice before filing it," Elsenheimer said.
A Republican, Elsenheimer said there's bipartisan support for the legislation and he's hopeful he can get influential Democrats to help push it through the House.
"I've heard from some (Democrats) that they support it and think its good public policy," Elsenheimer said. "It's a natural extension of your right to petition government, your right to speak out without fear of litigation."
In Acme Township, Meijer, through its former attorney Timothy Stoepker of Dickinson Wright PLLC, twice charged in lawsuits that Acme officials had a conflict of interest in their zoning decisions. That allegation was based on the officials' alleged involvement with a citizens group that was against the proposed Village at Grand Traverse development anchored by Meijer.
Grand Traverse County Circuit Court Judge Philip E. Rodgers twice dismissed Meijer's claims and criticized the retailer's "completely repulsive, anti-democratic nature.
"The notion that people can run for office, state their position on issues and then not be able to vote on them because that is somehow a conflict of interest is antithetical to our entire form of government," Rodgers said from the bench. "It's outrageous and always has been."
Walker said it would be up to a court to decide if Meijer's actions qualified as a SLAPP suit, but it "certainly appears that way."
Acme Township attorney Chris Bzdok said Acme was not an isolated incident. He has had clients across the state hit with SLAPP suits.
"It's only a select group of particularly aggressive attorneys and companies that do this, but for those they do it as a matter of course," Bzdok said.
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