NEW BRUNSWICK, NJ – The plaintiffs in a lawsuit seeking to stop the Board of Education from selling the Lincoln Annex School have hit another roadblock.
Their request seeking permission to file an appeal has not been accepted after the appellate court outlined several errors in the application.
The deficiencies range from mismatched page numbers in the table of contents to the fact the motion appendix lacks covers or tables of appendices.
Court records seem to indicate the attorneys for the plaintiffs used the wrong font and have been instructed by the court to use Courier 12.
The deadline to correct the errors and refile is Friday, Aug. 14.
Three parents of Lincoln Annex students and a Rutgers professor are seeking permission to file an appeal after Judge Arthur Bergman last month dismissed the first three charges in their lawsuit, which asserted that the board could not sell the school because of deed restrictions placed on the property when the Catholic Diocese of Metuchen sold the old St. Peter’s school to the city for $7.4 million in 2013.
Bergman ruled that only the diocese could impose the deed restrictions.
He did not rule on the fourth and fifth counts of the lawsuit filed by national civil rights firm LatinoJustice along with three other private law firms on the behalf Lincoln Annex parents Maria Juarez, Julio Herrera Vivar and Maria Chiquito, and Rutgers professor Lilia Fernandez.
Vaughn McKoy of the Parsippany-based law firm Inglesino Webster Wyciskala Taylor LLC filed a motion of reconsideration last week, seeking to have those final two counts dismissed.
Count No. 4 charges that the Board of Education violated the Open Public Meetings Act when it voted to approve the sale, but a separate lawsuit charging the board with violating the laws that have served as guidelines for public meetings and ensure their transparency since being adopted in 1975 was dismissed in Middlesex County Superior Court by Judge Vincent LeBlon last month.
McKoy is asking Bergman to recognize LeBlon’s ruling and dismiss the count.
The fifth count of the lawsuit pertains to the Board of Education’s submission of a long-range facilities plan to the Commissioner of the New Jersey Department of Education before it was reviewed by the city’s Planning Board.
The Planning Board voted at its July 6 meeting that a plan to build the school was consistent with the city’s master plan as amended by the Jersey Handy redevelopment plan.
Under a sweeping, $750 million plan, RWJBarnabas plans to pay to have Lincoln Annex leveled and build the state’s first free-standing cancer hospital on the site at 165 Somerset St. The 12-story hospital will be connected to Robert Wood Johnson University Hospital and the Cancer Institute of New Jersey via sky bridges.
RWJBarnabas will work with the New Brunswick Development Corporation (DEVCO) and the board to build a replacement school on a 4.25-acre lot of vacant land at 50 Jersey Ave.