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Bond In Investing Savings Helen Henderson leapt into action when a builder unveiled plans to put a strip mall behind her house. She rallied her neighbors in Lacey Township, Ocean County. She complained to the planning board. She told the Department of Environmental Protection there were wetlands on the property. Then the developer, Brian Trematore Plumbing & Heating of Fairfield, leapt back.

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Bond Investment Toledo Toledo The company sued Henderson, saying she was lying about the wetlands and the lie had cost it hundreds of thousands of dollars.

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James Bond Trading Card Five months later, Henderson is still fighting the strip mall and the suit. But she has a bigger cause -- she is pushing for legislation that would protect other activists from dubious but draining lawsuits.

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Bond In Investing Stock "Getting sued, no matter what it's for, is devastating," said Henderson, who is quick to tears when discussing the suit. "I'm trying to take something very negative for me and make it positive for other environmental activists."

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Municipal Bonds Investment A bill (A1076) is pending before the Legislature that would allow judges to toss out lawsuits that arise from a defendant's exercise of freedom of speech or freedom to petition the government.

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Bond Terms Trading Experts call these cases Strategic Lawsuits Against Public Participation -- or SLAPP suits -- since they are designed to quell public outcry by intimidating those speaking out. Frequently they are filed by developers against citizen objectors.

Bond Debt High In Inside "It's a very important bill," said Frank Askin, head of the constitutional litigation clinic at Rutgers Law School in Newark. "It provides an opportunity to get rid of these frivolous and harassing lawsuits promptly and not keep people tied up for years because they've tried to argue legitimate public issues."

Bond Greenville Greenville Askin said he gets about one request a month from an apparent SLAPP victim seeking representation from the clinic.

Trading Stock And Bonds Twenty-one other states have passed anti-SLAPP legislation -- but there's no guarantee New Jersey will be next. Similar bills have been lurking in the State House since 1996 and have failed to gain much traction. Askin said, however, those earlier bills were not as strong as the current version, sponsored by Assemblyman Joseph Cryan (D-Union).

Bond Investing Municipal Under the new bill, defendants could recover attorney's fees and costs if the judge determines they were SLAPPed. If, on the other hand, the court finds the defendant cried SLAPP frivolously, or solely to cause delay, it could award attorney's fees and costs to the plaintiff.

Basis Bond Finance Hill Trematore's lawyer, Charles Lorber, insisted Henderson's case -- filed in Superior Court in Essex County -- would fall into the latter category.

Bond Explained Terms Trading Henderson, who is something of an environmental hobbyist, was one of 140 volunteers to undergo training from the DEP in identifying vernal pools, which are temporary, seasonal pools that serve as prime breeding grounds for salamanders, frogs and turtles. She reported finding a pool on Trematore's property, and the DEP verified her report, requiring the developer to redesign his strip mall and forego some construction.

Bond Business Investing Stock Lorber said Trematore's environmental consultant found there was no vernal pool.

Bond Houston Houston "The false information she gave to DEP caused damage to my client, and my client spent hundreds of thousands of dollars as a result of that," Lorber said.

Stock Bonds Day Trading The suit accuses Henderson of malicious interference, tortious interference, trade defamation and trespassing. The last charge, Lorber said, is grounded in the fact Henderson reported hearing frog calls in the pool.

Bond Corporate Investing "You can't hear them from her property, according to experts in the frog business," Lorber said. Not that there were any frogs to hear, he stressed.

Investment Bond Uk The DEP, which is not named in the lawsuit, arranged for the state Attorney General's Office to pay for Henderson's defense.

Bond Trading Strategy Nevertheless, the suit is taking a toll. Henderson said she is plagued by self-doubt and troubled by the attention the suit has drawn.

Bond Fixed In Income Investing "I feel like it's a mark on my character, in a weird kind of way," she said. "I still try to go on, but I constantly second-guess myself."

Bond Dayton Dayton Investment She was not the first DEP volunteer to be sued. Scott Angus of Pennsylvania was sued in 2002 by Christopher Maier, owner of the Land Of Make Believe amusement park in Hope Township, after Angus reported seeing an endangered wood turtle outside the amusement park. The find threatened to scuttle Maier's planned expansion of a parking lot.

Bond Management Market Risk Last month, Superior Court Judge John Coyle Jr., sitting in Hunterdon County, dismissed allegations of slander, defamation and fraud against Angus, though a charge of civil trespassing is outstanding.

Bond In Investing Municipal DEP Commissioner Bradley Campbell said several development battles around the state have sparked dubious lawsuits against private citizens.

Bond Investment Las Las North "It's all an attempt to try to punish the people who are bringing the information to public light rather than debate the science on the merits," Campbell said.

Future Bond Trading System SLAPPs are usually dismissed, but not before they cost the defendants time, money and peace of mind.

Bond In Investing Junk Marilyn Kallereou, along with her sisters Janice DeMarco and Karen Schwartz and their mother Grace Schwartz, were the victims of New Jersey's most famous SLAPP suit. Kallereou said it had all but torn her family apart.

Bond Investment Orlando "You get divided between each other because we all have our own opinions," Kallereou said. "We couldn't have a holiday. There was all this arguing over this."

Bond Free Trading The family had objected to the expansion of a business, the Surfrider Beach Club, near their home in Sea Bright. The club owners, James LoBiondo Jr. and Denise LoBiondo, sued them in 1991 for defamation, intentional infliction of emotional distress and tortious interference.

Bond Free Guide Investing A jury found against Grace Schwartz, but made a modest judgment in favor of two of her daughters. But the Appellate Division found in 1999 that it was clearly a SLAPP and should have been dismissed before it even reached the jury.

Bond Gainesville Gainesville "We point out that it is not only the defendant in a SLAPP suit who suffers," the Appellate Division decision said. "The commonwealth is obviously impaired as well, since the consequence of a SLAPP suit is not only to silence the defendant but to deter others who might speak out as well."

Bond David David Guide Guide The appeals court reversed the judgments in favor of the LoBiondos and sent the case back to Superior Court in Monmouth County for further proceedings.

Bond Investment Pensacola The case is still dragging on, 13 years after it was filed.

Bond Introduction Trading Kallareou declined to hand the phone to her mother, 84-year-old Grace Schwartz, to discuss the case.

Bond In Investing Involved "She gets upset about it," Kallareou said.

Bond Columbia Columbia The LoBiondos did not return calls for comment.

Becoming Bond Building By By Alexander Lane
Star-Ledger - 4/5/2004

Topic: Anti-Environment

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