Civil Suit Part 3

SEPARATE DEFENSES FIRST SEPARATE DEFENSE The Court lacks jurisdiction over the subject matter of the action and Answering Defendants reserve the right to move for dismissal of the Plaintiff Complaint. I SECOND SEPARATE DEFENSE The Court lacks personal jurisdiction over Answering Defendants. THIRD SEPARATE DEFENSE The Plaintiff?s Complaint herein fails to state a claim upon which relief can be granted and Answering Defendants reserve the right to move at or befOre the time of trial to dismiss same. FOURTH SEPARATE DEFENSE The applicable law, rule, statute or regulation, including, but not limited to, the Statute of Limitations, controlling or requiring the institution of suit within a certain period of time following its accrual, was not complied with by the claimant and, accordingly, the claimant?s claim is barred as a matter of law. SEPARATE DEFENSE The Court lacks jurisdiction over the subject matter of this action and Answering Defendants reserve the right to move for dismissal of the Plaintiff?s Complaint. SIXTH SEPARATE DEFENSE The Plaintiff is estopped from proceeding with this alleged cause of action. - SEVENTH SEPARATE DEFENSE Plaintiff?s actions are barred by the Doctrine of Unclean Hands. EIGHTH SEPARATE DEFENSE - Plaintiff participated in the hearings before the Defendant Planning Board and has waived its right to complain about the approval as Plaintiff, through its owner/ agent, indicated its acceptance and rati?cation of modi?cations and accommodations made by Answering Defendants and the Defendant Planning Board for the purpOse of satisfying the concerns ?of the Plaintiff. NINTH SEPARATE DEFENSE The actions of the Defendant Planning Board were not arbitrary, capricious or unreasonable. I TRIAL ATTORNEY DESIGNATION Pursuant to. Rule 4:25-4, Richard D. Stanzione, Esquire, is hereby designated as trial counsel for Answering Defendants in the above-captioned matter. CERTIFICATION PURSUANT TO RULE 4:51 The undersigned hereby certi?es that this matter is not the subject of any other action or of a pending arbitration proceeding, and no other action or arbitration proceeding is contemplated. The undersigned hereby certi?es that he knoWs of no other parties who should be joined in the action at this time. CERTIFICATION PURSUANT TO RULE The undersigned hereby certi?es that con?dential personal identi?ers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with ?le CERTIFICATION OF FILING AND SERVICE I hereby certify that a copy of the within pleadings was served upon opposing counsel within the time prescribed by Rule 416-1. 4 HIERIN G, DUPIGNAC, STANZIONE, DUNN 8: BECK, P.C. Attorneys for Defendants, Saddy Family, LLC and 2-4?6?8 Boulevard, LLC - WW Dated: August 13, 2014 Family, LLC and 2-4-6-8 Boulevard, LLC at 315 adv. C.S. Bouievard Properties, LLC\P1eadings\Answer.docx EDWARD F. LISTON, JR., LLC A New jersey b?z?z?ed liabz'iz'gy 0722135173): 143017296 at Law .. P.0'Box1056 . . . 207 HooperAvenue Tom; River, Newjemy 087541056 I (732) 244-5900 - id- EL EDWARD F. LISTON, JR. - FAX (732) 505-8948 Rule 1:40 Quali?ed Mediator E?maii: . 4,3,3 Website.? wzuw.fzh'fazzlaw.rom 1 inks?, '1-?11 I al'V??If?I ?nu?n. a" oms River, NJ 08754-1056 u: an. a August 15, 2014 Honorable Vincent J. Grasso Superior Court of New Jersey Ocean County-Court House P. 0. Box 2191 Toms River, NJ 08754-2191 RE: 08. Boulevard vs Borough of Seaside Heights, et a1 Docket No. PW Dear Judge Grasso: I am in receipt of your letter of August 13th scheduling a pretrial conference in the above matter for September 18, 2014 at 9:00 am. I note that your letter is only addressed to the undersigned as attorney for the Plaintiff and Guy Ryan, Esq. as attorney for the Seaside Heights Planning Board. - Please note that Richard Stanzione, Esq. represents the other Defendants in this matter, Saddy Family, LLC and 2-4-6-?8 Boulevard, LLC. By copy of this letter directed to Mr. Stanzione, I am copying him on your, letter of August 13, 2014 - WARD F. LISTON, JR.: EFcham Cc: Richard D. Stanzione, Esq. Client N.J.A.C. . NEW JERSEY ADMINISTRATIVE CODE Copyright 2014 by the New Jersey Office of Administrative Law This file includes all Regulations adopted and pubiished through the New Jersey Register, Vol. 46 No. 15, August 4, 2014 TITLE 7. ENVIRONMENTAL PROTECTION CHAPTER 50. PINELANDS COMPREH ENSIVEMANAGEMENT PLAN . SUBCHAPTER 6. MANAGEMENT PROGRAMS AND MINIMUM STANDARD PART VI--RESOURCE EXTRACTION - N.J.A.C. 750-653 (2014) General limitations Except as expressly authorized in this Plan, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited. Nothing in this Part shall be construed to authorize resource extraction activities .without receiving permits pursuant to this Plan or from complying with the standards of this subchapter. HISTORY: Amended by R.1994 d.590, effective December 5, 1994. See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a). LAW REVIEW AND JOURNAL COMMENTARIES: Pinelands--Municipa Land Use. P.-R. C'henoweth, 137 N.J.L.J. No. 18, 53 (1994). CASE NOTES: Requiring owner of property to register preexisting nonconforming use for sand and grave! extraction did not violate due process. Uncle v. New Jersey Pinelands Com'n, 275 N.J.Super. 82, 645 A.2d 788 (A.D.1994). Pinelands Protection Act and regulations superceded Municipal Land Use Law. Uncle v. New Jersey Pinelands Com'n, 27S N.J.Super. 82, 645 A.2d 788 (A.D.1994). 710R COURT OF NEW OCEAN VICINAGE CHAMBERS OF .. OCEAN COUNTY COURT HOUSE JUDGE VINCENT I. GRASSO 3's ?as Po. Box 2191 ASSIGNMENT JUDGE 3353};- TOMS RIVER, NJ. 08754-2191 MEMORANDUM DATE: August 15, 2014 . 0mg .AUG 20 2014 TO: Craig L. Wellerson, P.J.C .P. CHAMBERS OF FROM: Vlncent J. Grasso, CRAIG L. RE: C.S. Boulevard Pr0pe1ties, LLC vs Borough of Seaside Heights, et als Docket No. 1890-14 PW The above matter is being reassigned to you, for: I Trial as to damages. Management Purposes and Trial The reason for the reassignment ofthis case is as follows: 1. Con?ict with Assignment Judge. 2. . Special assignment by case due to con?ict with Assignment Judge. 3. Reciprocal reassignment in response to forwardng of case due to con?ict or assignment by case type. 4. Special assignment by Assignment Judge; case involves Jury Demand. When answer for Saddy Family, LLC. 2-4?6-8 Boulevard, LLC was received, . con?ict was noted. Judge Troncone has handled several prerogative writ cases previously in which I had a con?ict. 26.6w Vinc J. Grasso, A.J.S.C. cc: Civil Case Management Of?ce ATTN: Maria Obry F. LISTON, JR., LLC 3 i A New jersey Limited Liability Company Attorneys at Law P. O. Box 1056 207 Hooper Avenue Toms River, New jersey 08754-1056 . (732) 244-5900 Please Reply to: EDWARD F. LISTON, JR. FAX {732) 505-8948 . P.O. Box 1056 Rule 1:40 Qualified Mediator Toms River, NJ 08754?1056 E?moil: edword. liston@verizon. net Website: more). Estonian). com ?September 8, 2014 ii if Honorable Craig L. Wellerson, Superior Court of New Jersey 9 Ocean County, Law Division PO. Box 2191 Toms River, NJ 08754-2191 MEWPJE RE: C.S. Properties, LLC vs Borough of Seaside Heights Planning Board Saddy Family, LLC and 2468 Boulevard, LLC Docket No. PW Dear Judge Wellerson: Please be advised that I represent the Plaintiff in the above referenced matter. It is my understanding that the above referenced case has been referred to your Honor by Judge Grasso and that the matter is scheduled for a Pro-trial Conference on September 18, 2014 at 9 am. . Enclosed please ?nd an original and one (1) copy of Plaintiff? Pro?trial Memorandum for your Honor?s review and consideration. - Enclosures Cc: Guy P. Ryan, Esquire Richard D. Stanzione, Esquire Client Via e-mail EDWARD F. LISTON, JR., LLC Edward F. Liston, Jr., Esquire ID No. 256911969 207 Hooper Avenue PO. Box 1056 Seaside Heights, NJ 08754 (732) 244~5900 Attorneys for Plaintiff C.S. BOULEVARD PROPERTIES, LLC SUPERIOR COURT OF NEW JERSEY a limited liability company of the State of LAW DIVISION: OCEAN COUNTY New Jersey Plaintiff, DOCKET NO. PW vs. - I Civil Action THE BOROUGH OF SEASIDE HEIGHTS PLANNING BOARD PLAINTIFF PRE-TRIAL MEMO - SADDY FAMILY, LLC and - 2-4-6-8 BOULEVARD, LLC Defendants 1. NATURE OF Action in lieu of Prerogative Writs seeking to, reverse the approval of the Preliminary and Final Site Plan Approval with Waivers sought by Defendants, Saddy Family, LLC and Boulevard, LLC, to permit the constiuction of a bar, restaurant and lounge addition to the existing building located at 302 Boulevard, Seaside Heights, New Jersey, declaring the Resolution of May 27, 2014 to be null and void and setting aside said Resolution and the Preliminary and Final Site Plan Approval which it purported to grant to Defendants, Saddy Family, LLC and 2?4?6?8 Boulevard, LLC. 2 ADMISSIONS AND STIPULATIONS: None. 3/4. FACTUAL AND LEGAL CONTENTIONS: Annexed hereto. 5. - DAMAGES AND INJURY CLAIMS: 10. 11. 12. 13. 14. - 15. 16. 17. 18. 19. AMENDMENTS: None ISSUE AND EVIDENCE PROBLEMS: Whether the approval granted to Defendants Saddy Family, LLC and 2-4-6u8 Boulevard, LLC by Defendant, Seaside Heights Flaming Board was arbitrary, capricious, unreasonable oppressive, unlawful and against the great weight of the evidence presented to Defendant, Seaside Heights Planning Board at the hearings held by it on said application. LEGAL ISSUED ABANDONED: None. EXHIBITS: All exhibits annexed to'the Complaint and marked into evidence at the Seaside Heights Planning Board hearings. EXPERT WITNESSES: BRIEFS: As directed by the Court. ORDER OF OPENING AND CLOSING: Usual order. OTHER MATTERS AGREED UPON: None. TRIAL COUNSEL: Edward F. Liston, Jr., Esquire. ESTIMATED LENGTH OF TRIAL: One day. OR TRIAL DATE: At the direction of the Court. ATTORNEYS FOR PARTIES CONFERRED ON: Matters agreed upon: None IT IS HEREBY CERTIFIED THAT ALL PRETRIAL DISCOVERY HAS BEEN COMPLETED. PARTIES WHO HAVE NOT BEEN SERVED: None. 3 a 4. FACTUAL AND LEGAL CONTENTIONS Defendants, Saddy?FaInily, LLC and 2468 Boulevard, LLC, are the owners of property located at the southeast corner of Hamilton Avenue and Boulevard in the Borough of Seaside Heights, County of Ocean and State of New Jersey, which premises are known as Block 4.01, Lots the Borough of Seaside Heights. Plaintiff is the owner of property located on the Boulevard in Seaside Heights, New Jersey within two hundred (200?) feet of the property owned by Defendants, Saddy Family, LLC and 2-4-6-8 Boulevard, LLC By written application Defendants, saddy Family, LLC and 2-4?6-8 Boulevard, LLC, applied to the Seaside Heights Planning Board for Preliminary and Final Maj or Site Plan Approval with Waivers pursuant to the applicable portions of the Land Use Development Regulations of the Borough of Seaside Heights to construction a bar, restaurant and lounge - consisting of an addition and expansion of the existing building with appurtenant facilities on the subject property described above. Defendant, Seaside Heights Planning Board, held public hearings on the application on April 23, 2014 and May 28, 2014. By Resolution adopted by Defendant Seaside Heights Planning Board on May 28, 2014, which was published in the Asbury Park Press on June 6, 20l4, Defendant, Seaside Heights Planning Board, granted to Defendants, Saddy Family, LLC and 2-4-6?8 Boulevard, LLC, the. Preliminary and Final Maj or Site Plan approval with Waivers requested by them to permit the construction of the bar, restaurant and lounge referred to aboVe on their property located at 302 Boulevard Seaside Heights, New Jersey. The actions of Defendant, Seaside Heights Board of Adjustment, in granting the - l' Preliminary and Final Maj or Site Plan Approval with Waivers Application of Defendants, Saddy Family, LLC and 2-4-6-8 Boulevard, LLC, referred to above, were arbitrary, capricious, unreasonable, oppressive, unlawful and against the great weight of the evidence presented to Defendant, Seaside Heights Planning Board at the hearings held by it on said application. EDWARD F. LISTON, JR., ESQ. DATED: September 8, 2014 EDWARD F. LISTON, JR., LLC Edward F. Liston, Jr., Esquire ID No. 256911969 207 Hooper Avenue PO. Box 1056. Seaside Heights, NJ 08754 (732) 244-5900 Attorneys for Plaintiff C.S. BOULEVARD PROPERTIES, LLC SUPERIOR COURT OF NEW JERSEY a limited liability company of the State of LAW DIVISION: OCEAN COUNTY New Jersey . Plaintiff, DOCKET NO. PW vs. Civiletion THE BOROUGH OF SEASIDE HEIGHTS PLANNING BOARD PLAINTIFF PRE-TRIAL IVIEMO SADDY FAMILY, LLC and 2-4-6-8 BOULEVARD, LLC Defendants 1. NATURE OF ACTION: Action in lieu of Prerogative Writs seeking to reversethe approval of the Preliminary and Final Site Plan Approval With Waivers sought by Defendants, Saddy Family, LLC and 2-4?6-8 Boulevard, LLC, to permit the construction of a bar, restaurant and lounge addition to the I existing building located at 302 Boulevard, Seaside Heights, New Jersey, declaring the I Resolution of May 27, 2014 to be null and void and setting aside said Resolution and the Preliminary and Final Site Plan Approval which it purported to grant to Defendants, Saddy Family, LLC and 2-4-6-8 Boulevard, LLC. 2 ADMISSIONS AND STIPULATIONS: None. I 3/4. FACTUAL LEGAL CONTENTIONS: Annexed hereto. 5. DAMAGES AND INJURY CLAIMS: - 10. 11. 12. 13. 14. 15. 16-. 17. 18. 19. LEGAL ISSUED ABANDONED: MATTERS AGREED UPON: AMENDMENTS: None - ISSUE AND EVIDENCE PROBLEMS: Whether the approval granted to Defendants Saddy Family, LLC and 2-4?-6-8 Boulevard, LLC by Defendant, Seaside Heights Flaming Board was arbitrary, capricious, unreasonable oppressive, unlaw?ll and against the great weight of the evidence presented to Defendant, Seaside Heights Planning Board at the hearings held by it on said application. I None. EXHIBITS: All exhibits annexed to the Complaint and marked into evidence at the Seaside Heights Planning Board hearings. EXPERT WITNESSES: NIA. BRIEFS: As directed by the Court. ORDER OF OPENINGAND CLOSING: Usual order. None. TRIAL COUNSEL: Edward F. Liston, Jr., Esquire. ESTIMATED LENGTH OF TRIAL: One day. WEEKLY CALL OR TRIAL DATE: At the direction of the Court. ATTORNEYS FOR PARTIES CONFERRED ON: Matters agreed upon: None IT IS HEREBY CERTIFIED THAT ALL PRETRIAL DISCOVERY HAS BEEN COMPLETED. PARTIES WHO HAVE NOT BEEN. SERVED: None. DATED: September 8, 2014 1. 3 a 4. FACTUAL LEGAL CONTENTIONS Defendants, Saddy Family, LLC and 2468 Boulevard, LLC, are the owners of prOperty located at the south-east corner of Hamilton Avenue and Boulevard in the Borough of Seaside Heights, County of ocean and State of New Jersey, which premises are known as Block 4.01, Lots the Borough of Seaside Heights. Plaintiff is the owner of prOperty located on the Boulevard in Seaside Heights, New Jersey within two hundred (200?) feet of the property owned by Defendants, Saddy Family, LLC 2-4-6-8 Boulevard, LLC By written application Defendants, Saddy Family, LLC and 2-4-6-8 Boulevard, LLC, applied to the Seaside Heights Planning Board for Preliminary-and Final Maj or Site Plan Approval with Waivers pursuant to the applicable portions of the Land Use Development Regulations of the Borough of Seaside Heights to construction a bar, restaurant and lounge consisting of an addition and expansion of the existing building with appurtenant facilities on the subject property described above. Defendant, Seaside Heights Planning Board, held public hearings on the application on April 23, 2014 and May 28, 2014. ByResolution adopted Defendant Seaside Heights Planning Board on May 28, 2014, I which was published in the Asbury Park Press on June 6, 2014, Defendant, Seaside Heights Planning Board, granted to Defendants, Saddy Family, LLC and 2?4?6-8 Boulevard, LLC, the Preliminary and inal Maj or Site Plan approval with Waivers requested by them to permit the construction of the bar, restaurant and lounge referred to above on their property located at 302 Boulevard Seaside Heights, New Jersey. The actions of Defendant, Seaside Heights Board of Adjustment, in granting the I . . Preliminary and Final Major Site Plan Approval with Waivers Application of Defendants, Saddy Family, LLC and 2-4?6-8 Boulevard, LLC, referred to above, were arbitrary, capricious, unreasbnable, oppressive, unlan and against the great weight of the evidence presented to Defendant, Seaside Heights Planning Board at the hearings held by it on said application. GPR: LAW OFFICES OF GUY P. RYAN COMPANY ATTORNEYS AT LAW GUY P. RYAN CERTIFIED BY THE SUPREME COURT OF NEWERSEY AS A CIVIL TRIAL ATTORNEY September 15, 2014 Honorable Craig L. Wellerson, P.J.CV. Superior Court of New Jersey Ocean County Courthouse 120 Hooper Avenue Toms River, NJ 08753 248-R WASHINGTON STREET TOMS RIVER, 03753 Phone: (732) 341~7300 Fax: (732) 341-7600 Email: an 11 anlaw.com Re: C.S. Boulevard Properties, LLC V. Borough of Seaside Heights Planning Board,- et. a1. Docket N0.: Dear Judge Wellerson: I I represent the defendant, Seaside Heights Planning Board in the above referenced'matterrif Enclosed please ?nd an original and one copy of pretrial memorandum of the Planning Board in anticipation of the pretrial conference scheduled before?Your Honor on September 18, 2014 at 9:00 am. Enclosure cc: Edward Liston, Esq. Richard Stanzione, Esq. Ann Stabile, Board Secretary SEP 15 2011 BERS 0F -- cma E?tiemneasou. are? GUY P. RYAN, ESQ., Attorney ID. 028711990 I LAW OFFICES OF GUY P. RYAN, LLC 1 5 248-R Washington Street Toms River, New Jersey 08753 CHAMBERS OF (732) 341-7300 GRAB WELLERSDN. Rim. Attorneys for Defendant, Borough of Seaside Heights Planning Board C.S. BOULEVARD PROPERTIES, LLC, SUPERIOR COURT OF NEW JERSEY A limited liability company of the State of LAW DIVISION: OCEAN COUNTY New Jersey . Plaintiff(s), DOCKET NO.: v. . THE BOROUGH OF SEASIDE HEIGHTS, PRETRIAL MEMORANDUM PLANNING SADDY FAMILY, LLC OF DEFENDANT, BOROUGH And 2-4-6?8 BOULEVARD, LLC OF SEASIDE HEIGHTS PLANNING BOARD Defendants. Defendant, Borough of Seaside Heights Planning Board hereby submits this pretrial memorandum pursuant to R. I I 1. Nature of Action: Action in lieu of prerogative Writs ?led by CS. Boulevard Properties, LLC seeking to reverse an approval granted by the Seaside Heights Planning board to defendants, Saddy Family, LLC and 2?4?6-8 Boulevard, LLC granting preliminary and ?nal site plan approval with waivers to permit the constructiOn of a bar and restaurant on an existing building located at 302 Boulevard, Seaside Heights, New Jersey, and seeking to declare the Resolution of May 27, 2014 null and void. 2. Admissions and Stipulations: None. 3/4. Factual and Legal Contentions: .Annexed hereto. 5. Damages and Iniurv Claims: Not applicable 1 6. Amendments to the Pleadings: None. 7 . Issues and Evidence Problems: Whether the action of the Seaside Heights Planning Board in granting preliminary and ?nal site plan approval with waivers to defendants, Saddy Family LLC and 2-4-6-8 Boulevard LLC, was arbitrary, capricious or unreasonable. 8. Legal Issues Abandoned: None. 9. Exhibits: All exhibits moved into evidence at the Seaside Heights Planning Board hearings and all exhibits referenced in the Resolution of approval, to be supplied to the court by plaintiff?s counsel. 10. Expert Witnesses: Not applicable. 11. m: As directed by the court. 12. Order of Opening and Closing: Usual. 13. Other Matters Agreed Upon bv Counsel: None. 14. Trial Counsel: Guy P. Ryan, Esq., for Seaside Heights Planning Board 15. Estimated Length of Trial: One half day I 16. Trial Date: At the direction of the court. 17. Attorneys for Parties conferred and Agreed Upon the Following Matters: None. 18. It Is Hereby Certified That All Pretrial Discovery Has Been Completed: No. Plaintiff has not yet served the transcripts of the hearings before the Seaside Heights Planning Board. 19. Parties Who Have Not Been Served: None. Parties Who Have Defaulted: None. 9 ,1 RYEN, ESQ. I Seas eights Planning Board Attorney Dated: Cl! \h I -