Nelson Happy drops his lawsuit against Mukai supporters

On Monday morning, March 18th, Nelson Happy "dismissed" the defamation and malicious prosecution lawsuit he had filed two months earlier against islanders Ellen Kritzman, Lynn Greiner, and Glenda Pearson. The three islanders, along with over one hundred other individuals associated with Friends of Mukai, are working through legal channels to dislodge Happy, his wife Mary Matthews, and two other out-of-state individuals from their dysfunctional control over the Mukai house and garden.

The three islanders consider Happy's lawsuit against them to be a classic "SLAPP" suit, defined in state law as a Strategic Lawsuit Against Public Participation. They contend that the lawsuit was designed to intimidate them and others in the community from speaking out about the dysfunction of Island Landmarks and to punish them for their continuing efforts to transfer control of the Mukai property away from the absentee board to a new board of eleven community members who are committed to the revitalization of the property. To defend against Happy's SLAPP suit, the three islanders engaged the services of attorneys Sarah Duran and Bruce Johnson with the Seattle law firm of Davis Wright Tremaine LLP (DWT). The attorneys regularly represent individuals and companies who have faced SLAPP suits; indeed, Mr. Johnson drafted the state anti-SLAPP statute.

On Friday, March 15, Bob Krinsky, attorney for Happy, was informed that DWT intended to file a Motion to Strike the lawsuit the following Monday. This motion asserts that Happy's lawsuit was indeed a SLAPP suit prohibited by state law, and asks the King County Superior Court judge to require Happy to pay the islander's attorney fees for defending against the lawsuit, as well as a statutory penalty. Based on the timing, it appears that Happy and Krinsky dismissed the lawsuit because of a concern about the impending Motion to Strike.

On Wednesday, March 20th, the DWT attorneys filed documents with the court in response to the dismissal, asking the judge to award them attorneys' fees and to sanction attorney Krinsky for filing a frivolous and harassing lawsuit. Mr. Krinsky has not yet responded to DWT’s brief. A hearing on the issue has not been set.

On another front, the islanders' lawsuit against Matthews, Happy and three other board members of Island Landmarks is now in the state Court of Appeals. The islanders, as the appellants Island Landmarks, filed their opening brief on March 3, 2012. They continue to assert that governance of Island Landmarks, and the Mukai property, rests with them as a result of a well-attended membership meeting last June when the absentee board was removed from office. In this case, the absentee board is also represented by Krinsky; his response brief is due in early May as well.

Mukai House and Garden

Island Landmarks is a Vashon Island based organization dedicated to the preservation and restoration of the historic Mukai House and Garden. A new and revitalized organization, under the direction of a Vashon island based board of directors is working to return the Mukai House and Garden to their original condition after twelve years of neglect.

We seek memberships and donations to support this effort. Please join us to "Free Mukai" by clicking on the Membership link above, or by contacting the organization and/or any of the board members.

Historic Photos

Historic Photographs Courtesy of the Vashon-Maury Island Heritage Association