Marina Point Development Associates contends Zimmerman and Forest Service biologists Scott and Robin Eliason abused their positions to prevent the company from building about 100 condominiums and amenities on 12.5 acres on Grout Bay on the north shore of Big Bear Lake.

The lawsuit, which was filed Wednesday, charges the three violated the federal Racketeer Influenced and Corrupt Organizations Act by using their government positions to further their own interests.

The Eliasons live in Fawnskin and are members of Friends of Fawnskin, a community group challenging the project in state and federal courts. Sandy Steers, a group member and a Fawnskin resident, also is listed as a defendant. Zimmerman owns property in nearby Sugar Loaf.

Friends of Fawnskin attorney Everett DeLano called the lawsuit an aggressive and meritless claim.

"I don't know how to describe it other than they are trying to turn the tables,' he said. "This is harassment.'

Earlier this year, the group and the Center for Biological Diversity convinced a federal judge to issue an injunction to stop the project from proceeding. DeLano said the judge agreed with the groups' contention that the development would impact bald eagle habitat.

The developer claims Robin Eliason drafted a report deeming the project area critical bald eagle habitat even though Forest Service data contradicted the assertion.

The lawsuit charges Scott Eliason distributed misinformation to the Army Corps of Engineers and the U.S. Fish and Wildlife Service, his former employer, to prevent the development.

"They did these things knowing that they were not true and while doing things that are illegal for federal employees to do,' said Wayne Rosenbaum, the developer's attorney.

Forest Service spokeswoman Ruth Wenstrom said the Eliasons are both well-respected biologists, but she declined to comment in detail about the lawsuit claims.

"We remind folks that these are allegations only, and nothing has been proven,' she said.

Zimmerman and the Eliasons have asked the service to pay for their legal counsel because they contend they were acting in their capacity as government officials. The agency is reviewing the request.

Julie Rynerson, chief of the county's Current Planning Division, said the legal move by Marina Point Development sounded like a countersuit.

"I can't say that I'm surprised,' she said. "I knew (the developer) was very upset and frustrated.'

But Rosenbaum said the civil action was filed because of misdeeds, not because the company wanted to strike back at the people suing to block the project.

"Anybody has the right to go out and petition government,' he said. "What you don't have a right to do is break the law.'

Suing to prevent someone from legally challenging a development is called a Strategic Lawsuit Against Public Participation or SLAPP. It is illegal.

The Fawnskin project dates to the early 1980s when the property was a run-down trailer park. Marina Point Development bought the land to build condominiums and got county approval to proceed in the early 1990s after clearing environmental hurdles.

"Nobody protested it at that time,' Rynerson said.

The company cleared the trailers from the land but held off on construction because of the recession.

The Forest Service attempted to buy the land in 1999 to use as a campground and recreational vehicle park, but the two sides couldn't agree on a price.

Meanwhile, residents formed the Friends of Fawnskin and began their legal challenges to the Marina Point Development's plans and another project known as Moon Camp.