Flemington Borough, Mayor and Clerk Targeted in Lawsuits

53a5f0e13619408488ca_2b6008d8578593952dc7_union_hotel_front.jpg
The Union Hotel - although not referenced by name - is at the center of two lawsuits filed this week. Credits: Rick Epstein / TAPinto Flemington-Raritan file photo
53a5f0e13619408488ca_2b6008d8578593952dc7_union_hotel_front.jpg

FLEMINGTON, NJ – Friends of Historic Flemington – an advocacy group that is seeking to preserve the historic Union Hotel – filed two suits against the borough in Superior Court this week. If the court accepts the claims made in one of the suits, Borough Council would have to begin anew the process that led it to designate the Union Hotel and surrounding properties as an “area in need of redevelopment.”

The suits describe the Friends group as a “Group of citizens, professionals, business and property owners concerned about Flemington’s historic buildings and historic district.”

In the first suit, the group claims that Flemington Borough and Rebecca Newman – who is the borough’s Municipal Clerk and records custodian – violated the state’s Open Public Records Act. According to the suit, Collingswood-based attorneys Maley & Associates filed a request for public records on June 23, and resubmitted the request on July 7 after Newman claimed she didn’t receive the first request. A second request for records was filed July 18 and although attorney M. James Maley, Jr. agreed to extend the deadline to Aug. 25 for both requests, the records Newman provided on July 18 “failed to provide all of the documents requested” and no further records were received, constituting a denial under the law, according to the suit. The suit seeks immediate access to the records, which it did not specify, and attorney’s fees.

Sign Up for E-News

The second suit was filed on behalf of resident Lois Stewart, Gary Schotland – who is one of the owners of 123 Main Street – as well as Friends of Historic Flemington. The suit names Flemington Borough, its Borough Council and Planning Board, and Mayor Phil Greiner as defendants.

It alleges that the Aug. 8 Borough Council meeting held at Borough Hall was in a room “too small to accommodate all of the members of the public who attempted to attend the meeting.

“Because of the size of the room, several members of the public were forced to stand in the hall and were unable to witness in full detail the actions taken by the Council,” according to the suit, which it claims was a violation of the Open Public Meetings Act.

Because no amplification or speakers were used, comments made by Council members and public commenters were not “audible beyond the room” and “Council had knowledge that members of the public were excluded,” it states. It also claims that the “Chairman of the Council ... asked people to move out of the doorway because they were blocking the entrance.”

The suit asks the court to render void the actions taken at the meeting and compel that future meetings be moved to a “venue large enough to accommodate all of the members of the public who wish to attend.”

The suit also seeks to invalidate the area designated as one “in need of redevelopment,” which would include the Union Hotel. According to the suit, the resolution approved by Council on Aug. 12, 2013 authorizing the Planning Board to investigate whether the redevelopment area “qualified as an area in need of redevelopment” did not comply with a then-new state law, which gave that authority only to a municipality’s governing body. Further, the resolution did not specify whether it would be a condemnation area or non-condemnation area, which also violates state law, the suit charges.

The suit also claims violation of the Constitution’s First Amendment at this year’s Aug. 8 meeting. It says the three-minute limit imposed on public comments was “applied discriminatorily based solely on the speaker’s viewpoint.”

The suit says that M. James Maley, Jr. –  the attorney who filed both suits – was allowed to speak “just over three minutes” while resident Edna Pedrick was allowed to speak for about six minutes.

Maley did speak a second time for a bit longer than three minutes, but was told the “public meeting was not the proper forum” for his comments, according the suit.

Finally, the recent Sept. 12 Borough Council meeting violated the Open Public Meetings Act, the suit alleges, because the location was changed from Borough Hall to the old Historic Courthouse without sufficient public notice. It seeks that the actions taken at the meeting be voided and that all future meetings be held in a larger venue.

Maley said today that defendants named in the suit have not yet been served.

Editor's note: This article has been updated to correct the spelling of Edna Pedrick's name.

TAP Into Another Town's News:

You May Also Be Interested In

Sign Up for E-News

Flemington/Raritan

Proposal for Flemington Candidates' Forum

July 17, 2018

To The editor,

This is an open note to Flemington Mayoral candidates Phil Greiner and Betsy Driver; and Borough Council candidates  Marc Hain, Brooke Warden, Chris Runion Caitlin Giles-McCormick

Re: Proposal for Candidate Forum[s] in Flemington

Folks,

Seeing how this is an extremely important election with many significant issues facing Flemington, I propose all ...

Malinowski Supports NJ Infrastructure

To the editor,

I support Tom Malinowski in the election to represent New Jersey’s 7th district this November because he will support infrastructure investments that are essential to the continued prosperity of this district.

Tom recognizes this district’s dire need for infrastructure appropriations, and he knows how essential the Gateway Project is for not only those who commute ...

Upcoming Events

Thu, July 19, 9:00 AM

Flemington Public Library, Flemington

Coding Camp at Mediatech

Education

Fri, July 20, 9:00 AM

Flemington Public Library, Flemington

Coding Camp at Mediatech

Education

Fri, July 20, 7:00 PM

Raritan Learning Cooperative, Flemington

Teen Open Mic Night

Arts & Entertainment

AtlantiCast

AtlantiCast: Episode 18

On this week’s AtlantiCast, you’ll find out how accessing care at Atlantic Health System is now easier, more affordable and closer to home than ever, learn which item from the produce aisle could be the newest weapon against cancer, see what Atlantic Health System, the New York Times and Instagram all have in common and much more.

 

 

Proposal for Flemington Candidates' Forum

July 17, 2018

To The editor,

This is an open note to Flemington Mayoral candidates Phil Greiner and Betsy Driver; and Borough Council candidates  Marc Hain, Brooke Warden, Chris Runion Caitlin Giles-McCormick

Re: Proposal for Candidate Forum[s] in Flemington

Folks,

Seeing how this is an extremely important election with many significant issues facing Flemington, I propose all ...

Notice of Hearing, Raritan Township

July 16, 2018

A public hearing will be held before the Raritan Township Zoning Board of Adjustment at the Municipal Building, located at 1 Municipal Drive in the  Committee/Court Meeting Room on Thursday July 19 at 7:30 p.m. on the following application: The above applicant is requesting approval of and any and all variances and waivers as may be required by the Board for an 28.56 kw Ground Mounted P.V.