A tax buyer accused of defamation argues that any alleged defamatory statements made in regards to the 2007 and 2008 St. Clair County tax sales are protected under the absolute litigation privilege.
The defamation lawsuit was filed by tax buyer Joseph Vassen on Jan. 2, 2019 through attorney Paul Slocomb of Hoffman Slocomb LLC in St. Louis against Madison County Board Chairman Kurt Prenzler, tax buyer Kenneth Brosh, and St. Clair County residents Kathleen Dvorak, Kevin Dvorak, John Bloyer and Adriane “Kathleen” Bloyer, alleging defamation and false light. Vassen seeks damages of an unspecified amount.
He argues that a federal lawsuit alleging he participated in a bid rigging scheme in St. Clair County “contained false statements that were caused to be published by the defendants and constitute statements that are defamatory per se.”
Vassen claims the alleged false statements have damaged his reputation in the community, injured his business and deterred people from associating with him.
He also alleges the defendants gave publicity to a matter that placed him before the public in a false light, which he claims “was highly offensive.”
Brosh filed a motion to dismiss plaintiff Joseph Vassen’s complaint through attorney Daniel Grueninger of Belleville. He argues that the claims fail to state a claim and are barred by the one-year statute of limitations.
The publication of the alleged defamatory material occurred as early as May 2014 when a press conference was called and several newspaper articles were printed. However, the defamation lawsuit was not filed until more than three years after the statute of limitations had run, the motion states.
Brosh also argues that the plaintiffs’ claims are barred by the absolute litigation privilege.
“In the case at bar, any alleged statements made in the federal lawsuit are obviously relevant or pertinent to the matters in controversy,” the motion states. “Therefore, all such statements are absolutely privileged and cannot form the basis of a defamation or false light claim.”
Brosh also filed a motion to vacate default finding, arguing that no order for an actual default judgment has been entered and he has entered his appearance.
He was served with the complaint on Jan. 26, 2019.
On Aug. 22, Vassen filed a motion for default judgment because the defendant had not yet field an answer or pleading in the case.
Brosh entered an appearance and filed a motion to substitute judge on Sept. 12.
Chief Judge Andrew Gleeson denied the motion to substitute judge on Nov. 5. He also entered a finding of default.
Prenzler previously filed a motion to dismiss the first amended complaint through attorney Michael Murphy of Freeark Harvey & Mendillo PC in Belleville.
He argues that Vassen’s claims are barred by the one-year statute of limitations and absolute litigation privileges.
Vassen filed a memorandum in opposition to Prenzler’s motion to dismiss on Sept. 11, arguing that “under the ‘continuing violation rule,’ where a tort involves a continuing or repeated injury, the limitations period does not begin to run until the date of the last injury or the date the tortious acts cease.”
Vassen claims the statute of limitations period began to run when the federal lawsuit was dismissed in March 2018.
He also argues that the absolute privilege only applies to a party to the federal lawsuit.
“Since Brosh and Prenzler were not parties to the federal complaint, the absolute privilege does not apply to them,” the motion states.
“Brosh and Prenzler, while not parties to the federal complaint, were the individuals that caused the federal complaint to be filed. But for the actions of Brosh and Prenzler, no federal complaint would have been filed,” Vassen adds.
Prenzler filed a response to Vassen’s reply to his motion to dismiss on Nov. 4, arguing that the plaintiff provides case law supporting Prenzler’s argument that the statute of limitations at least began running when the federal lawsuit was filed in 2014.
“In addition, defendant, Kurt Prenzler, was not a party to the 2014 federal lawsuit. Therefore, any alleged statements made in said lawsuit could not and cannot be attributable to Kurt Prenzler and, therefore, no cause of action exists against him for any claim arising out of the filing of the federal lawsuit,” the response states.
Vassen filed an amended complaint after Gleeson granted motions to dismiss the original complaint on April 2.
According to the complaint, Vassen alleges Brosh, a dentist, participates in the annual St. Clair County delinquent tax sales and spends as much as $400,000 per sale. During the 2007 and 2008 tax sales in St. Clair County, Vassen alleges the majority of Brosh’s successful bids were also at the maximum 18 percent.
“Nevertheless, defendant Brosh contacted defendant Kurt Prenzler in Spring 2014 claiming he had doubts about the legality of the 2007 and 2008 tax sales in St. Clair County, and asked defendant Prenzler to review the tax sale data and give him his opinion.
“Defendant Brosh didn’t reference his own large number of 18% winning bids at these sales as part of his inquiry,” the suit states.
Prenzler was the Madison County treasurer at the time and had no official position in St. Clair County.
Vassen alleges Brosh was “a competitive buyer” and “a financial contributor” to Prenzler’s Madison County political campaigns.
Brosh and Prenzler allegedly reached out to Brad Van Hoose, “a St. Clair County Republican Party Operative” to obtain the St. Clair County tax sale data.
Van Hoose was allegedly instructed by Roger Cook, who was running for treasurer against Suarez, to make a Freedom of Information Act request for the tax sale data.
“Mr. Van Hoose was present in several meetings with Roger Cook and defendant Ken Brosh during which he was informed that the purpose of the FOIA request was to file a lawsuit against Mr. Suarez in an effort to embarrass and harass Mr. Suarez before the upcoming November 2014 election,” the suit states.
Prenzler then held a press conference on May 30, 2014 at the St. Clair County Circuit Court in Belleville “in an effort to call attention to the allegedly illegal and improper tax sales.”
Vassen alleges the press conference was orchestrated by Prenzler for political purposes at the behest of Brosh, “who hoped to financially benefit from making public accusations” against other tax buyers.
At the time of the press conference, Prenzler was running for reelection as Madison County treasurer against Maureen Suarez, who is related to Charles Suarez. Prenzler allegedly gave the information he analyzed to the St. Clair County Republican Committee.
An article was published in the St. Louis Post Dispatch in May 2014 indicating that Prenzler planned to announce that he discovered potentially criminal conduct.
Brosh was quoted in a Belleville News Democrat article in May 2014 saying he believed the tax sale practices were rigged and unethical. He was also quoted in a May 2014 article in The Telegraph saying he believed the tax sales were unethical.
“Defendant Brosh was disappointed that the press conference didn’t generate any follow-up press so he spoke to defendant Prenzler numerous times and they decided that defendant Brosh should track down some of the individuals who did not pay their taxes and convince them to contact attorney Don Weber, who was referred by defendant Prenzler, so they could file a lawsuit before the election,” the suit states.
Vassen alleges Brosh looked up publicly available records at the St. Clair County courthouse for several days following the press conference.
A lawsuit was then filed in the U.S. District Court for the Southern District of Illinois on Oct. 17, 2014, less than three weeks before the Nov. 4 election. The plaintiffs in that lawsuit were Kathleen and Kevin Dvorak and Kathleen and John Bloyer.
Vassen alleges the defendants conspired to file a class action against him and other tax buyers with allegations of common-law civil conspiracy, money had and received, violations of the Federal Sherman Act and violations of the Illinois Antitrust Act.
The lawsuit filed in federal court sought recovery for “losses arising from an illegal and improper agreement and conspiracy” between Suarez and several tax purchasers “to artificially inflate” penalties at the 2006 and 2007 tax sales. Those sales were conducted in 2007 and 2008.
Vassen had denied the allegations raised in the federal court lawsuit.
Vassen claims he did not purchase the delinquent taxes in question and did not receive any compensation whatsoever from the sale of the Dvoraks’ taxes or the Bloyers’ taxes.
The federal lawsuit was dismissed in its entirety on March 29, 2018 when District Judge Staci Yandle granted summary judgment for the St. Clair County tax buyer defendants.
Yandle found that there were insufficient facts to state any cause of action against Suarez or any of the tax buyers.
Vassen is also a named defendant in a similar ongoing class action in Madison County, alleging former Madison County Treasurer Fred Bathon orchestrated a "pay to play" scheme.
Bathon pleaded guilty to structuring property tax sales in a way that increased interest rates for tax buyers in exchange for campaign contributions. He was sentenced to 30 months in prison.
St. Clair County Circuit Court case number 19-L-6