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Susko Plaintiffs Appeal Fee Denial

Case heading to State Supremes

 

8 Comments

  1. Anonymous wrote:

    Where was the Boro Attorney on all of this ie violation of civil rights? Was he complicit in Matt’s decisions? If he knew something was wrong did he advise Matt, and he Matt ignored his advise he should have said something the the county or state. I think Matt hired the dumbest attorneys just like he picked his council people, how else could he get away with it.

    Friday, May 24, 2019 at 8:41 am | Permalink
  2. Ken Pringle wrote:

    Just to be clear, the issue on appeal is a narrow one legally, but with much greater potential benefits for beachgoers than our fee. The Appellate Division upheld all of Judge Gummer’s findings on the underling violations of the public trust doctrine and beach fee statute. But on the issue of whether the Borough violated the Civil Rights Act — and would have to pay our legal fees — the court applied an erroneous standard of law and affirmed Judge Gummer only as to whether the parking fee increase violated the CRA, and remanded the case to her to reduce our fee accordingly. Specifically, the Appellate Division held that the Borough did not violate the CRA when it used $330,000 in beach fees to pay a legal settlement for non-beach-related claims, and when it attempted to use millions in FEMA funds, flood insurance proceeds and Buy-A-Board funds to pay for rebuilding Taylor Pavilion at no cost to taxpayers. While it would be nice to get the entire $170k fee Judge Gummer awarded (and we will get that if we succeed on this appeal), our primary objective is to persuade the NJ Supreme Court to apply the protections of the CRA broadly to these kinds of violations of the public trust doctrine so that attorneys will have a financial incentive to take on cases like this one whenever municipal officials use or attempt to use beach fees or assets for non-beach-related purposes.

    Friday, May 24, 2019 at 1:50 pm | Permalink
  3. Guest wrote:

    Hey Ken Pringle, what is your opinion regarding borough supervisors using the employees who they manage and borough vehicles to move furniture out of and then back into their house?

    Friday, May 24, 2019 at 2:48 pm | Permalink
  4. Ken Pringle wrote:

    I spoke early yesterday morning to the Borough Administrator, who wasn’t aware of the issue yet. I shared my opinion with him.

    Friday, May 24, 2019 at 3:54 pm | Permalink
  5. Craigs44 wrote:

    what is your opinion?

    Friday, May 24, 2019 at 8:49 pm | Permalink
  6. eugene creamer wrote:

    Thank you Mayor Pringle for all your Public Trust Doctrine work … in this case … where the Public couldn’t Trust the Trustee

    Friday, May 24, 2019 at 11:01 pm | Permalink
  7. Show of hands wrote:

    Who thinks and/or knows nothing will happen to this DPW Supervisor.
    And a thousand hands go up.
    What a disgrace!

    Saturday, May 25, 2019 at 6:10 am | Permalink
  8. Quivering wrote:

    His investigative knowledge bank will keep him in his job. They’re afraid of him. He knows where the shoes have been, I guess!

    Saturday, May 25, 2019 at 9:12 am | Permalink

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