Sussex County Councilman Mark Schaeffer sued for defamation
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Citing a smear campaign to destroy their reputation and to discourage individuals from doing business with them, local developers Don and Kerry Lockwood are suing Sussex County Councilman Mark Schaeffer, a former business associate, for defamation.
In a complaint filed in December 2019 in the Superior Court of Delaware on behalf of the Lockwoods, who own Milton-based Lockwood Design & Construction, Wilmington-based attorney Robert J. Katzenstein said, “Beginning at least as early as April 2019, Schaeffer undertook a smear campaign against the Lockwoods, which included making several slanderous and libelous statements to several people, in an attempt to destroy the Lockwoods’ reputations in the community and to discourage individuals, banks and other businesses from doing business with the Lockwoods.”
In his complaint, Katzenstein said Don Lockwood and Schaeffer, an associate commercial broker and businessman, have been involved in a number of business disputes. Katzenstein makes his case for defamation by listing at least half a dozen different instances of Schaeffer calling or emailing individuals in which Schaeffer, “acted with reckless disregard of the truth or falsity of the statement or with knowledge that the statements were false.” One of those emails was sent to the Cape Gazette.
The statements tended to, were designed to, and did discourage third persons from associating and dealing with Don Lockwood and Kerry Lockwood, and subjected both of them to public scorn, ridicule, and hatred, said Katzenstein.
It appears none of the comments made by Schaeffer occurred since he entered the race for the District 3 Sussex County Council seat in July 2020 or since his election as councilman a few months later. According to the lawsuit, Schaeffer’s alleged actions took place during a six-month period from April to September 2019.
The complaint asks for a judgment against Schaeffer that includes compensatory damages in an amount sufficient to compensate the Lockwoods for their injuries and losses caused by the defamatory statements; punitive damages to punish Schaeffer and deter others from making defamatory statements; prejudgment interest; and the cost of the lawsuit.
Katzenstein declined to comment on the lawsuit, saying in an email Aug. 30, that he does not comment on ongoing litigation.
Wilmington-based attorney Riley MacGray is representing Schaeffer. He declined to comment.
According to the docket report, Superior Court Judge Craig A. Karsnitz is overseeing the case. A pretrial conference is slated for Thursday, Dec. 9, with a five-day civil trial scheduled to begin Jan. 18, 2022.
Chris Flood has been working for the Cape Gazette since early 2014. He currently covers Rehoboth Beach and Henlopen Acres, but has also covered Dewey Beach and the state government. He covers environmental stories, business stories and random stories on subjects he finds interesting, and he also writes a column called Choppin’ Wood that runs every other week. He’s a graduate of the University of Maine and the Landing School of Boat Building & Design.
