Mizner Trail Club Ltd. has tried to silence the voice of Boca Del Mar board member and homeowner William Vale and “all those in concert with him,” by suing for “Anticipatory Tortious Interference.”
However the 15th Judicial Circuit Court dismissed the suit on September 23 for lack of merit.
“This is a win for all members whose property has been adversely impacted. Boca Del Mar will not be bullied.” – William Vale
In May 2016, the Mizner Trail Golf Club, Ltd. sued Vale with the “Anticipatory Tortious Interference” claim over an email Vale had sent to Pulte developers in April.
Pulte had been a possible buyer for the course at that time. Vale let Pulte know that he intended to file a claim for compensation for adverse impact to his property and dutifully notify other affected homeowners of their rights to file claims. Pulte did not go forward with the purchase.
Mizner’s suit in May claimed it was in “new negotiations with a different developer” and wanted the court to prevent Vale and others from “interfering with its contract and property rights to improve and develop” its property. Mizner also wanted the court to award it $15,000 for defamation and damages.
The Fifteenth Judicial Circuit Court said attorneys for Mizner Trail Club failed to prove any nexus between the letter and tortious or defamatory conduct. Mizner was given 20 days to come back to try to prove its case. It didn’t. The case was dismissed on Sept. 23.
Vale commented, “The judge said that First Amendment rights always trump tortious interference when there’s no defamation.”
Vale added, “This is a win for all members whose property has been adversely impacted. Boca Del Mar will not be bullied.”
Bert J. Harris Act
At the time Vale had emailed Pulte, several homeowners, including Vale, had already filed claims against Palm Beach County for granting Mizner Trail a zoning change that allowed the builder to fill the fairways meandering through their neighborhoods with several hundred housing units.Those claims are still pending.