Published: October 28, 2008 01:20 pm      

1:18 P.M.: Top court rejects Meijer’s appeal

TRAVERSE CITY — The state Supreme Court rejected Meijer Inc.’s appeal of a local judge’s decision that allowed an Acme Township planning commissioner and other township officials to sue the retailer for harassment.

The state’s high court this week issued an order that denied Meijer’s appeal. The state Court of Appeals in late August also rejected Meijer’s objection to a June ruling by 13th Circuit Judge Philip Rodgers.

Rodgers said then that Acme Planning Commissioner Robert Carstens was free to sue Meijer.

Carstens alleges that Meijer, the Village at Grand Traverse LLC and its former attorneys intentionally harmed township officials through a frivolous 2005 lawsuit, illegal campaign activity and financial support of a local citizens group.

“The application for leave to appeal the Aug. 27, 2008 order of the Court of Appeals is considered, and it is denied, because we are not persuaded that the questions presented should be reviewed by this court,” the Supreme Court order stated. “The motion for stay of proceedings is denied.”

But Carstens’ suit remains on hold until 19th Circuit Court Judge James Batzer determines if Rodgers should be disqualified from continuing to preside over a case that began in 2005.

Meijer’s former attorneys, Dickinson Wright PLLC and lead attorney Timothy Stoepker, filed a motion asking that Rodgers be disqualified due to alleged bias against Stoepker. A disqualification hearing is scheduled Nov. 21 in Manistee.

Carstens’ attorney, Michael Dettmer of Traverse City, anticipates additional delays. He believes Meijer will appeal every decision, regardless of who presides over the case.

Meijer attorney James Brady was not immediately available to comment.

Carstens and a host of other township officials last November agreed to release Meijer and other parties from future litigation to settle several lawsuits stemming from Meijer’s plans to build a superstore at M-72 and Lautner Road in Acme.

But that was before Meijer acknowledged it illegally spent more than $100,000 to influence township elections in 2005 and last year.

Rodgers in June ruled Carstens and others were not bound by the earlier settlement agreement because the releases were obtained under “extraordinary” circumstances.

Other officials who may join Carstens’ suit include township trustees Erick Takayama, Frank Zarafonitis and Ron Hardin, and planning commissioner Clare David.