The Shelby Star article that caused Mr. Green to file a defamation lawsuit against (Shelby Mayor) Stan Anthony, in his individual capacity, was published on January 26, 2020 and was titled Diving Deeper into Willie Green’s Proposal. The article included several improper statements from several Shelby City Councilmen in regard to why Mr. Green’s Zoning Change Request was denied. In Particular, Mayor Anthony made this defamatory statement: “Mr. Green was advised to get a re-zoning contingency in his purchase contract prior to closing and he failed to do so…”
Defamation is defined in legal terms as follows:
n.The act of making untrue (false) statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates, have to show that the defamation was made with malicious intent and was not just fair comment. Damages for slander may be limited to actual (special) damages unless there is malice. Some statements such as an accusation of having committed a crime, having a feared disease or being unable to perform one’s occupation are called libel per se or slander per se and can more easily lead to large money awards in court and even punitive damage recovery by the person harmed. Most states provide for a demand for a printed retraction of defamation and only allow a lawsuit if there is no such admission of error.
The elements of a defamation claim are as follows:
1. a publication to one other than the person defamed;
2. a false statement of fact; that is understood as a. being of and concerning the plaintiff; and b. tending to harm the reputation of plaintiff.
3. If the plaintiff is a public figure, he or she must also prove actual malice.
Truth is an absolute defense to a defamation claim.
Libel is defamation in written form and slander is an oral communication.
Defamation is not considered a criminal wrong, but rather a tort or a civil wrong. … A statement of defamation is a false statement of fact, not an opinion. Opinions are not considered to be defamatory in nature. Additionally, for statements to be considered defamatory, they must be said to a third party.
Now, what makes Mayor Stan Anthony’s statement defamatory???
The Defamatory Statement alleged is “Mr. Green was advised to get a re-zoning contingency in his purchase contract prior to closing and he failed to do so…”
1. Mr. Green was advised… Mr. Green has stated that he was NOT advised of any such thing. Therefore, a false statement was made by Shelby Mayor Stan Anthony in his statements that were published in the Shelby Star as previously noted.
2. Get a Rezoning Contingency prior to closing… Getting a rezoning contingency prior to closing is not a requirement for getting a piece of property rezoned in the City of Shelby. Shelby City Councilman Eric Hendrick had a rezoning request before the Shelby City Council about the same time that Mr. Green. Councilman Erick Hendrick’s property was approved for rezoning without even a thought that he did not have any such “contingency.” AND a “contingency” was not mentioned in any way on Mr. Green’s Zoning Request application form. The City of Shelby Rezoning policies and requirements do not require such a “contingency.” The Planning and Zoning Board’s review and recommendations to approve Mr. Green’s request had no concerns regarding any such contingency. Nor was it discussed or even mentioned as a reason to deny Mr. Green’s zoning change request at the full City of Shelby’s Council Meeting where Mr. Green’s Rezoning Request Application was denied and Mr. Green was not allowed to speak in favor of his own application or to answer any questions from the Council or the public.
3. He (Mr. Green) failed to do so. Mr. Willie Green did NOT fail to do anything that was “required” to properly obtain a Rezoning request approval. Except for failing to have white skin. The City of Shelby’s Planning and Zoning Board clearly proved, beyond any shadow of doubt, that Mr. Green met the letter of the law and Shelby’s policies and requirements by their voting to approve Mr. Green’s zoning change application and recommended the entire City Council to do likewise at the City of Shelby’s Hearing on the matter.
4. He (Mr. Green) failed to do so. Mr. Green is a former NFL player with two Superbowl Rings. After retiring from the NFL, Mr. Green has engaged in various business enterprises that require perfect execution of sound and ethical business practices. Any such claim that Mr. Green, in his business activities, has failed to properly and ethically executed his “due diligence” in any way tarnishes and damages Mr. Green’s reputation in the eyes of past business associates, clients, financial institutions as well as any future business associates, clients and partners. Any right-thinking person with any semblance of business understanding and experience would know that this would be the case.
Every part of Mayor Stan Anthony’s alleged defamatory statement meets the previously noted of defamation:
1. The Statement was published in the Shelby Star, which has a circulation that is greater than one.
2. Mayor Stan Anthony’s statement is materially false and severely damages the reputation of Mr. Willie Green and his Company 5-Star Athletic Development, Inc.
3. Even if both Mayor Stan Anthony ands Mr. Green are “public figures,” malicious intent is clearly shown because Mayor Anthony’s statements are made-up and baseless as are his (Mayor Anthony), and the City Council’s reason for denying Mr. Green’s rezoning request application to begin with. As well as attacking Mr. Green’s business expertise in the false statement that Mr. Green had failed” to do something that would be considered a basic due diligence item if the allegation was true. Malicious intent was also found in Shelby City Manager’s similar acts against Mr. Willie Green by Superior Court Judge W. Todd Pomeroy in Judge Pomeroy ruled against City Manager Howell’s contention that he had “immunity” for his defamation against Mr. Green on another, but similar legal matter.
4. Malicious intent is also indirectly shown by Mayor Stan Anthony, City Manager Rick Howell, Councilmen Violet Dukes, David Causby, David White, Dicky Amaya and Eric Hendricks by false statements that have been generated and passed around in the community. False and defamatory statements clearly made to shear and tarnish Mr. Green’s reputation and prevent Mr. Green from doing business in Shelby or with the City of Shelby. Such statements that Mr. Green is a Muslim and Mr. Green wants to move a million “niggers” into Shelby to go to his sports facility. Sworn statements provided by Mr. Stacy Heavner are that Councilmen Dicky Amaya and David White told him (Heavner) that Mr. Green wanted Shelby to pay him $100,000 to build his high-end condominiums. All this is a clear indication of systemic racism, corruption, a planned scheme and a coordinated and orchestrated effort to prevent a black man from doing such high-level business in the City of Shelby. False and Defamatory Statements were also made by City of Shelby officials to City of Gastonia officials. All in individual or combination of incidents which clearly show the malicious intent that Shelby and Cleveland County officials are well known for.
