A motion seeking dismissal of a defamation lawsuit against the Leelanau Enterprise for a technicality was denied this week in court.

Thirteenth Circuit Court Judge Philip E. Rodgers Jr. turned down a motion Monday by Enterprise attorney Mark Clark to dismiss the case filed last summer by developer Marcus Yono over stories about the BayView development in Suttons Bay that appeared in the newspaper in February 2007.

Clark’s motion was based on plaintiff’s attorney Roger Meyer’s interpretation of a Livingston County court ruling that stated that the plaintiff should pay attorney fees of $500 to the defendant’s attorney. The decision was handed down late last summer when the case involving the Enterprise and the Brighton-based developer was moved from Livingston County, where it was filed, to Leelanau County.

“The transcript is very clear. The court ruled to transfer the file and that no further proceedings would take place until the cost is paid,” Clark said.

Clark received only $350 from the plaintiff’s attorney and that was three days after the 56-day time allowed by law had expired. The check for the lesser amount was then returned.

“The action must be dismissed if … not paid within 56 days,” Clark said. “That’s unambiguous.”

Meyer said there was a “misunderstanding” as to the amount awarded for attorney fees. He argued that the court rules were ambiguous and that the judge has wide discretion in extending relief in this case, citing unpublished court decisions.

Rodgers issued his decision from the bench.

“I frown on dismissing actions on a technicality before hearing the merits of the case,” he said.

Rodgers did, however, say that he would dismiss the defamation lawsuit if Meyer had not paid the entire $500 before leaving the county building in Leland.

Meyer did not have a credit card from the law firm with him, but arrangements with Clark to have the costs forwarded to him electronically from his downstate office were made.

Monday’s hearing was the most recent in the litigation pitting the developer against the county newspaper covering the BayView development. In November, Rodgers narrowed the focus of a request for a “protective order” to keep the newspaper from printing the proceedings in Yono vs. The Leelanau Enterprise and Eric Carlson. The judge said that much of the information, such as witness statements, would not be considered confidential and would be open to public disclosure.