TRAVERSE CITY -- Acme Township officials who agreed not to sue Meijer Inc. for alleged harassment and intimidation aren't bound by the agreements and may pursue legal action against the retail giant, a judge ruled.
Acme Township planning commissioner Robert Carstens and up to six other current or former township officials can sue Meijer and its associates, 13th Circuit Judge Philip Rodgers ruled on Monday.
The Acme officials in November agreed to release Meijer and other parties from future litigation to settle a host of lawsuits. But that was before Meijer publicly acknowledged it illegally spent more than $100,000 to influence township elections in 2005 and 2007.
"Meijer was legally beating Carstens, not with fists, but with words and monetary threats," Rodgers said. "Agreeing to stop beating him if he wouldn't complain about it is akin to the mugger returning the victim's empty wallet."
Carstens last month sought permission to sue Meijer, along with its former law firm Dickinson Wright PLLC and The Village at Grand Traverse LLC. Meijer and The Village sued Carstens and other township officials on three different occasions over zoning disputes related to their development proposals along M-72.
"I'm trying to stop the steam-rolling process by these large companies ... they have so much money and resources," Carstens said.
Carstens said he was also upset by suggestions he was in court for financial gain.
"From my perspective, the attorneys for Meijer stated our objective was money," Carstens said. "That's just not true."
Carstens' attorney, Michael Dettmer, said Meijer used fraudulent means to obtain lawsuit wavers from the Acme officials.
Dettmer alleged in court documents that Meijer officials and attorney Timothy Stoepker of Dickinson Wright, along with local residents, lied in court depositions to hide Meijer's illegal involvement in the 2005 and 2007 elections.
Dettmer said Carstens' case may involve seeking depositions from top Meijer officials, including company Co-Chairman Hank Meijer, President Mark Murray and a vice president, Stacie Behler.
"You follow the smell, and make those decisions one at a time," Dettmer said after the hearing. "I look forward to meeting them."
Meijer officials referred a request for comment to their attorneys, who wouldn't answer questions after the hearing.
Rodgers said his ruling would cover all the parties in the previous case should they also decide to sue.
Other current and former officials who are newly free to sue Meijer include former Supervisor Bill Kurtz, current trustees Frank Zarafonitis and Erick Takayama, planning commissioners Ron Hardin and Clare David, and ex-planning commissioner John Pulcifer.
