Published: Mar 18, 2013 5:06 PM EDT
Updated: Mar 19, 2013 10:10 AM EDT

COLLIER COUNTY, Fla. - "When you look at the plaintiff and the defendant, it's like a gorilla beating up on an ant," said Gary Donner.

Residents of Fiddler's Creek in Naples said the homeowners association is using their fees to sue one of their own.

"We thought they were going to deficits or they were going to the betterment of the community which apparently they're not!"

Gary Donner received an email from other residents, letting him know instead of some of their money would be going towards a lawsuit against James Schutt. According to court documents, the Fiddler's Creek Foundation is suing Schutt for defamation. The suit claims the 81 year old's comments on an Internet blog are hurting the Foundation's reputation.

"Mr. Schutt is one of many members of the community that is not pleased with how their H.O.A. dues, let's face it, what are they? They're taxes. How are those dues are spent and he has criticized the home owners association for that," said Randazza.

We reached out to the Foundation's attorney for comment, but have yet to hear back. Schutt isn't talking about the case but his attorney, Marc Randazza, said the developer is suing him to shut him up.

"If you look out your window, you may see a flag, the american flag, he has a god damn right under the first amendment, to say anything he wants about how his community is governed," said Randazza.

Whether or not his neighbors agree. "And let me say that everything I'm saying is my opinion so I don't get sued," said Donner.

They're trying to help Schutt fight the case.

"So we're raising money to fight ourselves and that's the irony," said Donner.