The group of residents opposing the demolition of
the historic For ney House in Milltown has been
threatened with a lawsuit by officials from Valley National
Bank, the company trying to purchase the 142-year-old
property in the borough's downtown.
Stewart Lieberman, the Princeton-based attorney for the
John C. Evans Project, said he received an e-mail Friday
from representatives of Valley National Bank that included
the threat of a SLAPP -- strategic litigation against
public participation -- which is meant to discourage
citizen protests. Valley National Bank contends the group
interfered with business opportunities, Lieberman said.
Such legal threats entail numerous requests for
information, mak ing it expensive for citizen groups and
individuals to mount a case against companies. Many states
have "anti-SLAPP suit" statutes that protect
citizens' rights to free speech and to petition the
government, but New Jersey is not one of them.
"They've sent us an e-mail indi cating that in
their opinion, this is an inappropriate pursuit,"
Lieber man said. "I think it's absurd. What
they're trying to do is intimidate what they perceive
to be a smaller people and we're going to react in a
very strong way, because we're offended."
Fred Azrak, lawyer for Valley National Bank, did not
return calls for comment.
Kathy Heilman, one of the activist group's trustees,
said the group members are concerned about the
possibility of a lawsuit but would not block their fight
against the bank. Their opposition to the Forney House
demolition has cost about $10,000.
"A lot of people joined thinking they were simply
objecting to the demolition of a historic site but now
this happened," Heilman said. "We're
sensible people so we have to learn more about this, but
we're not going to back down."
Another trustee, Michael Shakarjian, said the group heard
overwhelming support from borough residents when they
walked re cently in the Independence Day parade to
protest the bank.
"We have a better feel for what the town's
attitude is toward the issue," said Shakarjian, one
of the group's roughly 35 members. "I think
their (Valley National Bank's) claims are not
well-founded; it's hostile. They want to see if they
can use up our money, because they've got a lot more
of it than we do."
Lieberman said the judicial system is stringent with
SLAPP suits.
"Our courts are really strong on this,"
Lieberman said. "The judicial position is residents
have every right to attend meetings and voice their
opinions. There are numerous lawsuits in the state's
superior courts that make it abundantly clear."
Members of the activist group filed a complaint in
Superior Court in May against the borough's zon ing
board, which in March granted a bank variance to build a
drive- through branch. They contend that the creation of
Valley National Bank on Main Street, across the street
from another bank, would be damaging to the borough by
caus ing excessive traffic and erasing an important part
of Milltown's history.
The old medical clinic, and home to the first mayor of
Milltown, is not registered as a historic landmark but
meets the criteria for eligibility on both the state and
national registers. Bank officials have said the structure
is unsound and that after they bought the property and
destroyed the building, they would preserve artifacts to
document its existence, while residents opposing the
project say protecting the entire structure is the only op
tion. |