Traverse City Record-Eagle

Acme

November 29, 2007

Acme treasurer may get $3M from Meijer

TRAVERSE CITY -- A mediation panel unanimously recommended Meijer Inc. pay $3 million for its alleged malicious harassment of Acme Township Treasurer William Boltres over a land-use dispute.

Boltres sued Meijer after the Grand Rapids-based big-box chain filed lawsuits against him, former Acme Supervisor Bill Kurtz and two other board members in May 2006.

Boltres alleged Meijer's lawsuit was based on false information, hurt his health and damaged his reputation.

"Meijer intentionally tried to harass and scare Bill Boltres while he's trying to make a decision on their land-use application," said Boltres' attorney Grant Parsons. "Meijer wanted to build a $15 million super center over Bill Boltres' body, they wanted to drive him crazy and drive him out of office."

Meijer spokeswoman Stacie Behler expressed disappointment in the panel's recommendation but said Meijer will reject the recommendation and continue to defend against the suit.

A jury trial is scheduled for Feb. 26.

Boltres' suit uncovered a series of lawsuits Meijer has filed against municipal officials individually over land-use matters, including the Acme case, Parsons said.

That discovery came after Meijer initially denied it had targeted local officials, other than in the Acme suit, Parsons said.

Meijer officials eventually acknowledged filing similar individual suits against more than 30 public officials in four states, he said.

In Acme, Meijer alleged township officials had a conflict of interest in deciding the fate of a Meijer store along M-72. That alleged conflict stemmed from officials' purported ties to Concerned Citizens of Acme Township, a group that sued the township in 2003 over a development proposal that included a Meijer store.

Boltres denied ever being a member of CCAT.

Meijer again sued the township when it didn't like conditions imposed by the township board on a second proposed Meijer store at the corner of Lautner Road and M-72. State courts eventually dismissed that suit.

Meijer later dropped its individual lawsuits against Acme officials except for Boltres, but Behler said the company soon will drop that case.

Parsons said he asked the mediation panel for $15 million, the cost of one Meijer store.

Mediators balked at $15 million, but unanimously recommended a $3 million award for "abuse of process and malicious prosecution," Parsons said.

"We're just waiting for Meijer to do the right thing," Parsons said. "They need to dismiss their lawsuit (against Boltres), pay the $3 million, and hopefully stop doing this to other people."

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