Friends of Historic Glasgow (Delaware)

Developer sues ex-owners of historic farm (1/15/06)

Developer sues ex-owners of historic farm

Family has tried to interfere in plans to build on La Grange property, suit says

By ANGIE BASIOUNY
The News Journal
01/15/2006

A developer who paid $14.2 million for one of the last large farms in Glasgow is suing the family he purchased it from, saying the former owners tried to undermine him by distorting the truth about his plans to build on the land.

Three children and a granddaughter of Anne M. Barczewski, the woman who owned the farm known as La Grange, are named as defendants in the suit filed last month in Chancery Court. Developer Stephen Nichols wants the family to pay unspecified damages and court costs for six claims, including breach of contract.

He said the defendants made details of the sale available to the county, state and private groups, and tried to instigate opposition to his plan for new homes, stores and a school on the 236-acre property on Del. 896 near U.S. 40. They also are accused of making derogatory and personal attacks against him.

Barczewski was named as a defendant in the lawsuit, but she died Jan. 6 after spending the last several years in a nursing home. She was 95.

Under the purchase agreement, the sellers are obligated to support Nichols through the development approval process. Nichols said the family's actions have interfered with the process, costing him time and money.

The lawsuit does not describe what details were given to the county and the public. Pam Scott, an attorney representing Nichols, said she could not discuss specifics of the case.

An attorney for defendants Joanne B. Lewis, Stephen J. Barczewski and George A. Barczewski could not be reached for comment.

An attorney for Anne Barczewski's granddaughter, Susan Arday, who was named as a defendant along with husband David Arday, said the lawsuit had no merit and is designed to further Nichols' agenda.

"We believe this is a classic SLAPP suit, and we fully expect that the Ardays will be dismissed from the case," attorney David Finger said.

SLAPP stands for Strategic Litigation Against Public Participation, a type of lawsuit filed by corporations or private developers who want to chill public criticism. Such lawsuits often are filed against people seeking to influence the government by speaking out at public meetings.

Celebrities and Internet bloggers are often targets of SLAPP suits. Oprah Winfrey, for example, was sued by the cattle industry in 1998 for defamation over comments she made during a show about mad cow disease.

"They use these lawsuits to intimidate people to be quiet and not interfere," Finger said.

At least two dozen states, including Delaware and California, have legislation placing the burden of proof on the plaintiff.

The Ardays are members of Friends of Historic Glasgow, a loosely knit group of residents that has been a vocal opponent of Nichols' plans to develop the land.

The group sends frequent e-mails to its supporters and the media about the historic value of the farm, which dates to the 1700s. The farmhouse and several other structures within a five-acre area of the property are listed on the National Register of Historic Places.

New Castle County had considered buying the tract and converting a portion into parkland. County officials offered $9 million, but the family wanted $12 million.

Plans to build, and restore

Nichols entered into a contract with the Barczewskis in February, and the $14.2 million sale was finalized Nov. 10.

His plan calls for 75 detached homes and 149 town houses. He also wants to build 5,278 square feet of commercial space, and negotiations are being finalized with the Christina School District to construct a school. The plan keeps 73 percent of the property for open space.

"It's been the intention of Mr. Nichols to do a quality site plan," said Scott, his attorney. "The farmhouse is going to be kept and restored because it needs some work. That is an agreement that the buyer made at day one."

The property has wetlands along the northern border and a bog turtle habitat. Scott said the plans were modified, and lots and roadways moved so those areas would not be disturbed.

The land contains the bed of an 18th century road -- possibly the only one remaining in the state -- that was used by British soldiers as they marched into Delaware during the Revolutionary War. The property also has two documented American Indian camps and earthen bunkers from the war, according to preservationists.

But Scott said an initial archaeological survey found only prehistoric artifacts and nothing that dates to the Colonial period.

Review board meets Tuesday

Most of the land is zoned for residential use with a historic overlay, which means the development plan must undergo historical review before any demolition or construction could take place.

The project will be discussed at the Historic Review Board meeting Tuesday.

"They're going to have a case to prove to the Historic Review Board," said John Medkeff, a Glasgow resident and supporter of Friends of Historic Glasgow. "It's going to be a challenge to their team to try to prove that these previously documented areas have no historic value."

Medkeff said he's concerned about the impact on the environment and quality of life that more development will bring to the congested U.S. 40 corridor.

"I honestly can see no good that would come out of 200 more homes on an already overcrowded highway," he said.

County Councilman David Tackett, whose district includes the property, said he's watching the process closely and keeping an open mind about the plan.

"It's unfortunate that any situation would end up in a lawsuit," he said.

Scott is the wife of New Castle County Council President Paul Clark, who has said he would recuse himself from any vote involving the property.

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