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09/22/2006Former trustee offers to settle suitBut won't admit wrongdoing as part of the dealTRAVERSE CITY — A former Elmwood Township trustee offered $2,500 to resolve a lawsuit filed against him by the township's supervisor, but he wouldn't admit wrongdoing as part of the deal. Derith Smith filed suit in July 2005 against an "anonymous enterprise" of defendants that includes former trustee John Stanek, Donald Barrows, and former supervisor Noel Flohe. The complaint alleges they circulated an anonymous mailing that defamed Smith. Stanek's attorney filed court papers on Monday in which Stanek offered to pay $2,500 to settle the case without admitting liability. Smith's attorney, Grant Parsons, said that won't suffice. "We don't plan on accepting it," he said. Stanek and his attorney did not return telephone messages seeking comment. The mailing cited in the lawsuit included a 2004 disciplinary report that alleged wrongdoing during Smith's tenure as Suttons Bay village clerk, before she defeated Flohe to become Elmwood supervisor. Suttons Bay officials said they told the Flohe and Stanek group that Smith committed no wrongdoing. Stanek and Flohe were ousted by voters in the Leelanau County township in 2004. The defendants also were behind a failed recall attempt against Smith in May. In June, 13th Circuit Court Judge Philip Rodgers denied the defendants' request for dismissal of the defamation claim. But the judge dismissed a complaint against the village of Suttons Bay and manager Charles Stewart and dismissed a claim that Barrows, Stanek and Flohe violated Smith's Constitutional rights. Last week, Rodgers denied a subsequent request from Barrows, Flohe and Stanek to reconsider his June ruling. A settlement conference in the case was scheduled for today in Traverse City. If a settlement isn't reached, a three-day jury trial is slated to begin Oct. 24. See related stories:
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