Joseph C. Niebler Sr., The Shire, and a Defamation Lawsuit

Cindy Kilkenny, former Brookfield alderman and blog author of Fairly Conservative, is being sued by a subdivision developer for defamation.

From the Milwaukee Journal Sentinel:

A subdivision developer filed a defamation lawsuit Wednesday against a Brookfield resident contending that she defamed the builder and his venture "The Shire," both in her role as a city alderman and in her Internet blog.

Joseph C. Niebler Sr., as president of NFI Properties LLC, contends that Cynthia Kilkenny continually made untrue and malicious statements about the Shire development, a name drawn from J.R.R. Tolkien's' "Lord of the Rings" trilogy. Kilkenny, Niebler says, called him "the Dark Lord," and described the development as "icky," "a flop" and contaminated by an adjacent, closed landfill, the lawsuit says.

Kilkenny, who is no longer a Brookfield alderman, said Wednesday that she had not yet seen the lawsuit.

"I'm not terribly worried about it," she said.

Niebler contends that Kilkenny made statements about him and the development that she knew were untrue and with malice while she was an alderman, during her tenure as a blogger for BrookfieldNow.com, and in her most recent blog, fairlyconservative.com, the lawsuit says.

Apparently, Niebler, partner at Niebler, Pyzyk, Roth & Carrig, LLP, is a mind reader. He claims to know that Kilkenny made statements about him and the development that "she knew were untrue and with malice." He claims to be quite certain that she maliciously made intentionally false statements criticizing him and The Shire.

In my opinion, it doesn't seem like Niebler is developing on very firm ground here.

...The subdivision is adjacent to a closed landfill owned by Waste Management of Wisconsin, Inc. Niebler contends that none of the lots in The Shire have been or are contaminated by any leeching from the closed landfill.

Niebler received approval in 2004 from the Brookfield Common Council for the development of 25 single family residences southwest of Brookfield and Gebhardt Roads. Kilkenny voted against the development.

All 25 lots have been sold, though there is a moratorium in effect until Sept. 1 on the rest of the 60-acre development, the lawsuit says. Lots sold for about $300,000, and the homes have value more than $1 million each, the lawsuit says.

I don't know what the lawsuit says, other than what is printed in this article; but it seems to me that Niebler is just throwing his weight around to silence Kilkenny.

I'm surprised he finds her comments so threatening and damaging that he feels the need to sue her. It seems like an overreaction to me.

What losses has he suffered because of her remarks? What damages has he sustained because she called him "the Dark Lord" and his development "icky"?

If The Shire lots aren't contaminated by the adjacent landfill, that's extremely easy to prove with some simple tests.

So what's the big deal?

Is a lawsuit really necessary?

I highly doubt that Niebler's future earnings will be affected by Kilkenny's comments.

Niebler must know that this lawsuit will never go to trial. It will be settled out of court. It appears that lawyer and developer Niebler is out to settle a score and punish Kilkenny.

Question: Is "the Dark Lord" a fitting moniker for Niebler?