Hearing Set for Developer Suit Against Activist on Tree Letter

A county activist well known for efforts to encourage government oversight of development has been sued by a developer for allegedly making inaccurate statements that harmed his reputation. The case is set for a hearing tomorrow.

Wayne Goldstein, president of Montgomery Preservation Inc. and head of the Montgomery County Civic Federation, was sued by developer Aris Mardirossian after writing to Mardirossian to ask about a rumor that the developer planned to cut trees on property on River Road to create a view of the Potomac. The land is near the home of Redskins owner Daniel Snyder, who in 2005 reached a settlement with the county's planning agency after being cited for tree cutting on property near the Potomac River and Chesapeake and Ohio Canal.

In court filings, Mardirossian, who plans to develop the former Crown Farm in Gaithersburg, said Goldstein, whose organizations monitor historic preservation and land use, had made "wrongful and malicious publication of false and incendiary information that impugned the integrity and reputation of" Mardirossian. He asks for $700,000 in damages.

According to court papers, Goldstein was inquiring about whether Mardirossian had made plans to cut trees on the property, saying that his group had concerns about preservation of the area, which is near the Chesapeake and Ohio Canal National Historic Park. In the letter last year to Mardirossian, Goldstein cited the case involving Snyder, in which Snyder agreed to pay $37,000 toward forest conservation elsewhere in the county, replant trees he cut down and place several acres in a permanent conservation easement.

"I hope my source is mistaken in the information provided to me, and if that turns out to be the case, I will then offer my sincerest apology to you," Goldstein wrote to Mardirossian.

Mardirossian asked Goldstein, according to court papers, to refrain from "further publication" of his letter, which his court filings said accused Mardirossian of "committing criminal acts" and "threaten[ed] further harassment."

In court documents, Mardirossian said the letter "was widely circulated throughout the Montgomery County business community; to the citizens of Montgomery County" and to government agencies and people who did business with Mardirossian.

Goldstein wrote to the developer to say that he was satisfied there would be no tree cutting without approval from state and local authorities and that from his perspective, the matter was closed.

But it was not over for Mardirossian, whose attorney Fredric Einhorn wrote to Goldstein, asking him to answer a series of questions and to supply the name of the person who had told him about an alleged plan to cut trees. Mardirossian, the letter said, wanted to contact those people to "set the record straight." Goldstein refused to provide the information, according to court papers.

Mardirossian then sued Goldstein in Montgomery County Circuit Court. Mardirossian said that in addition to harming his reputation, Goldstein delayed his efforts to build on River Road property and cost him an undisclosed amount of money.

Goldstein is claiming protection in court documents under a Maryland law discouraging "slap suits" aimed at silencing critics. Mardirossian counters in court papers that the law doesn't apply in this case.

In another case involving critics of a development, two Bethesda residents who have been pressing the Planning Board to reopen a case involving a small development off Bradley Boulevard say they have been threatened with a lawsuit by a consulting firm for raising questions about data used to describe the property.