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Archiver > DE-OLDSWEDES > 2006-05 > 1148948040
From: Historic Glasgow Park <>
Subject: COURT PERMITS REAL ESTATE DEVELOPER TO INSPECT COMPUTERS OFOPPONENTS TO DEVELOPMENT PLANS IN POSSIBLE TEST OF ANTI-SLAPP LAW
Date: Mon, 29 May 2006 20:14:00 -0400
FOR IMMEDIATE RELEASE, PLEASE:
COURT PERMITS REAL ESTATE DEVELOPER TO INSPECT COMPUTERS OF OPPONENTS TO
DEVELOPMENT PLANS IN POSSIBLE TEST OF ANTI-SLAPP LAW
In what may prove to be the first test of Delaware¹s anti-SLAPP
(Strategic Lawsuit Against Public Participation) law, a judge of the
Delaware Court of Chancery ruled on Saturday that a real estate developer
may search the hard drives of computers belonging to two opponents of his
plans for building a housing and shopping center on Glasgow farmland.
Anti-SLAPP laws are designed to protect people who are actively
petitioning the government from intimidation through lawsuits. There are 24
other states with similar anti-SLAPP laws.
In early 2005, Developer Stephen J. Nichols purchased a 236 acre
parcel of farmland located in Glasgow, Delaware, called ³La Grange.² The
owner was Anne M. Barczewski, but after Mrs. Barczewski lapsed into
dementia, her grown children assumed control of the farm and sold it to Mr.
Nichols.
In November, 2005, Mr. Nichols sued Mrs. Barczewski (then
terminally ill) and her children, claiming that they were breaching the
contract of sale by opposing his development plans at county hearings. Mrs.
Barczewski passed away in January, 2006.
When Mrs. Barczewski¹s granddaughter, Susan L. Arday and her
husband David began appearing at land use hearings objecting to the
development, Mr. Nichols added them to his lawsuit, claiming that the Ardays
were acting as agents of one of the sellers. The Ardays are longstanding
members of the Friends of Historic Glasgow.
The Ardays have asked the court to dismiss the case against them,
on the ground that they have a right under the First Amendment to attend
government meetings and protest against proposed permits. They claim that
Nichols¹ suit against them is an unlawful SLAPP suit, and are asking the
court to make Mr. Nichols pay their attorneys¹ fees.
Vice Chancellor Leo E. Strine, Jr. said that before he would rule
on the Ardays¹ motion, Mr. Nichols was entitled to gather evidence. Mr.
Nichols has taken depositions of the Ardays and they have had to produce
hundreds of pages of e-mails relating to the dispute. Mr. Nichols has now
demanded that the Ardays turn over their computers for further inspection.
³This is very traumatic and a gross invasion of privacy,² says
Susan L. Arday. ³I feel personally violated. The lawsuit is based on a
false premise, that I acted as the agent of my mother. In fact, my mother
has nothing to do with my actions, and Mr. Nichols knows it. I have
protested his proposed development because the land is an important
historical site, and to honor the wishes of my late grandmother, who always
said that she wanted the land to be preserved, not developed.²
The Ardays¹ lawyer, David L. Finger, said the ruling permitting
access to the Ardays¹ computers was unusual. ³There has been no showing
that there are likely to be any additional relevant hidden¹ e-mails on
those computers. Mr. Nichols is merely fishing.²
Said David Arday: ³This whole thing makes a mockery of Delaware¹s
anti-SLAPP law. The law is supposed to resolve these types of cases quickly
at minimal expense. All this is doing is costing us time and money, in an
attempt to bully us to stop opposing Mr. Nichols¹ plans. But we will not
stop exercising our rights.²
FOR FURTHER INFORMATION, CONTACT THE ARDAYS¹ LAWYER:
David L. Finger
Finger & Slanina, LLC
One Commerce Center
1201 Orange Street, Suite 725
Wilmington, DE 19801-1155
(302) 884-6766
www.delawgroup.com
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