Groton Open Space Association

Deposition Sheds New Light On SLAPP Suit Originators

NEW LONDON–A recent deposition for the New London Superior Court has helped clarify the composition of Mystic Estates Partners, one of two companies that launched an abortive SLAPP suit against GOSA and nine individuals June 5, 2003.

The deposition indicates that a prominent Groton businessman, William H. Bentley, is associated with Mystic Estates Partners.

“SLAPP suit” is a term used by critics of such suits. It stands for “Strategic Litigation Against Public Participation.” Critics hold that these court actions are designed to intimidate and silence citizens who exercise their legal, democratic rights to oppose developers’ plans in public forums.

The SLAPP suit against GOSA was brought jointly by Mystic Estates Partners and by Ravenswood Construction LLC. The latter is part of a well known Cheshire construction group founded in 1963 by Dick Fiske (www.ravenswoodhomes.net). His son, Dean B. Fiske, now is described as head of Ravenswood Construction LLC in the Connecticut Secretary of State’s Concord online business registry.

Prior to the deposition, the makeup of Mystic Estates Partners had been less transparent than that of Ravenswood. Mystic Estates Partners isn’t listed in the online Concord registry. Clerks of the Town of Groton and City of New London were unable to provide information on its composition. The SLAPP suit lists the address of Mystic Estates Partners as the New London law office of Andrews, Young & Geraghty, P.C., and the suit was signed by Paul M. Geraghty, an attorney with that law firm.(The suit was dropped by Ravenswood and Mystic Estates Partners July 11, 2003, after GOSA and the nine individuals, represented by Attorney Paulann Sheets, threatened to sue the plaintiffs.)

On Oct. 16, 2003, Attorney William Kroll and Attorney Sheets deposed Attorney James Miele, a lawyer representing Ravenswood Construction LLC. Excerpts below are from the official transcript of the deposition, which was conducted at the office of Andrews, Young & Geraghty. Mr. Geraghty acted as attorney for Mr. Miele at the deposition.

The deposition was taken in connection with a separate suit by Ravenswood seeking to prevent F.L. Merritt Inc. from selling a 75-acre property on Fort Hill to GOSA. (The SLAPP suit had alleged that the defendants interfered with the plans of Mystic Estates Partners and Ravenswood to develop the property.) Mystic Estates is a successor to MacPherson-Johnston Corp., of Rhode Island, which was the original applicant to build a housing development on the property. DiCesare-Bentley Engineers Inc., a Groton company, did preliminary engineering work for the project.

The “William Bentley” referred to in the excerpts is William H. Bentley, a principal of DiCesare-Bentley (www.dbengineers.com), though the transcript indicates that his involvement is separate from DiCesare-Bentley.

****

Q. [from Mr. Kroll, representing F.L. Merritt] And who were the principals in Mystic Estates Partners?

THE WITNESS [Mr. Miele]: In Mystic Estates Partners?

MR. KROLL: That’s correct.

MR. GERAGHTY [to Mr. Miele]: If you know.

A. I believe that it’s William Bentley and David Johnston but I am not sure.

****

Later, Ms. Sheets, for GOSA, took up the questioning.

****

Q. …Do you happen to know the nature of the ownership interest that William Bentley has in Mystic Estates?

A. I believe he is the principal of an LLC [limited liability company] that has — that is a member or a partner, whatever it is.

MR. GERAGHTY: …I think there is an issue there distinguishing between William Bentley, who may be, may have an interest in one of the investors in the property and the fact that DiCesare-Bentley Engineers, Incorporated may have performed technical services for the project. I think those are two different [things]

…

Q. Is DiCesare-Bentley a member of Mystic Estate[s] Partners to your knowledge?

A. [Mr. Miele] Not to my knowledge.

****

The significance of these exchanges is that the Groton businessman, Mr. Bentley, had not identified himself or otherwise been identified publicly with the company that co-launched the SLAPP suit against GOSA and the individuals who had appealed the Groton Planning Commission’s split decision to permit a large housing project to be built on the ecologically sensitive Merritt Property.

In connection with this website news report, GOSA asked Mr. Bentley Oct. 28 in a telephone conversation to comment on the testimony indicating that he has a financial interest in Mystic Estates Partners. He said any comment would have to come from his lawyer, Jim Young, of the firm of Andrews, Young & Geraghty. GOSA then left a voice mail message for Mr. Young after being informed by a firm representative that Mr. Young was on another telephone line.

As of this posting, more than 28 hours after the voice mail message was left, Mr. Young hadn’t replied with a phone call or an e-mail to the address provided in the voice mail message.