New Mayor/Council Elected
New Mayor/Council Elected
Honest Service Sought
11/4/18:
On May 8, 2018 the citizens of Long Branch finally had enough, there were other viable candidates, and so they removed the dirty Schneider Administration. Adam Schneider had been mayor 28 years. Councilman John Pallone, brother of Democratic Congressman Frank Pallone, and who barely won his first term as councilman, was elected along with his slate of 5 council candidates including senior incumbent running mate councilwoman Mary Jane Celli, Ed D.
The Pallone grew up around the corner from ground zero Community Place and have been supported by Ed Bruno of E&L Paving and owner Ray Greico of Atlantic Paving who also grew up in Long Branch and who have been defendants in the long-standing conspiracy to evade zoning laws and are under “pressure” of the municipal court to obtain valid zoning approvals.(See Judiciary/Unabated Violations – Municipal Court Complicit) Perhaps not surprisingly, under Pallone, Mr. Bruno’s numerous violations for illegally expanding the use was dismissed in the municipal court though Mr. Bruno provided false information on the dirty zoning permit application and is benefitting from income from the illegal occupants. The conflicts judge has become complicit and bought into the conspiracy by continuing to allow defendants to operate in violation as long as they submit plans for zoning approval whereas ordinance requires all zoning violations terminated within 30 days and they should be fined into submission until the lots are cleared pending proper approvals. This requires a trial but its obvious this judge Timothy F. McGoughran, the regular Ocean Twp. Judge would drag that out too. Municipal courts don’t otherwise provide injunctive relief – that’s up to a city attorney acting in good faith to enforce the ordinances or plaintiff.
To its credit, however, the first acts of the administration was to hold town hall meetings and bid out & replace the conflict-ridden (see, ie, “Arson and Corruption Covered Up..”City Attorney /Conflicts of Interest and “New Corruption Uncovered”) City Attorney James Aaron who built the Ansell Grimm Aaron firm’s real estate department on the backs of Long Branch and other residents thru ill-advised easily avoidable/expensive lawsuits, including eminent domain. Then on Oct. 1, 2018 it removed Kevin Hayes as business administrator and replaced him with Eatontown’s former police chief and administrator, George Jackson (salary $182,500) See “New Corruption Uncovered” update for the editor’s dealings thus far with him. Mr. Hayes still retains his jobs as Code Enforcement and Fire Bureau Chiefs though he has failed to perform required fire inspections and enforce mercantile license requirements at neighboring facilities. The new administration has been made aware of this (See “New Corruption Uncovered” update).
By the end of 2018 it should become apparent whether or not honest service will be provided by the new administration.
10/21/19:
It appears that honest service will not be forthcoming from this administration in this matter. Must be something in the air here in Long Branch,
5/25/2021:
After allowing plenty of time for the new administration to re-organize and to deal with Covid, on May 11, 2021 in preparation for the city council meeting the next day, a dear John letter was sent to Mayor John Pallone, with cc to the entire council, administrator and city attorney laying out the history of corruption, the ongoing lack of zoning permits despite rejection of the use by the zoning board and on appeal, the indefinite adjournment 7/16/19 by the planning board of the current application, and the fact zoning violations are to be terminated within 30 days by ordinance, not be allowed to go on for years. The letter also pointed out the potential official misconduct of the mayor and councilwoman Celli as their ol buddy Ed Bruno/E&L Paving holds the mortgage for the illegal occupants and continues to gain benefit while the neighborhood and editor suffer and are deprived of honest service. (See “Its Official” on homepage for definition of official misconduct) A link was also provided in the letter (see below – Ongoing Crimes/Conspiracy) documenting evidence of the ongoing conspiracy including crimes by the neighbors to force editor to give in or leave. Council was advised “If further harm and damage occur considering all this, I will be filing notice of continuing tort due to the palpably unreasonable lack of abatement. Public entities must act in good faith and lose immunity if palpably unreasonable. This principal of continuing tort was affirmed by a state judge in a prior matter.” (See “case(s)”/Case 6/Bauman Summary Judgment 9.28.12 Hearing & Decision)
The city attorney indicated he would refer it to Mr. Graviano (who left since) who oversees building dept./planning &.zoning AND WHO DOES NOT FILE INJUNCTIONS – THAT’S THE CITY ATTORNEY’S JOB (UNLESS DIRECTED NOT TO DO SO BY THE ADMINISTRATION/COUNCIL). Based on this it looks like it could be more of the same – a charade of notice of violations and summonses while it drags out in a kangaroo municipal court thru elections seeking filing of a renewed application which is identical to one already rejected. (4/20/23 update: no summones issue now so no court, lol) Editor will not let that occur and would seek the injunction and hold Long Branch responsible for the costs due to their palpably unreasonable lack of abatement as well as expose all the corruption come election time. A new van is planned for that. Also, as code enforcement was asked 5/10/21 to abate the neighbor’s placement of garbage on/in front of editor’s property per ordinance, which still occurs as well as the illegal parking which seeks to restrict access from editor’s property, this does not bode well. Editor will follow up at the next council meeting on 5/26/21.
8/17/22 Update:
Editor participated in two other zoom council meetings on May 26, 2021 and June 23, 2021 trying to get Long Branch to issue an injunction but the city attorney, after lying that he met previously with Editor, tells Council its nothing new and the zoning and code issues will not be enforced , referring to judge Perri ‘s dismissal in Case 6. (See Case(s) for Elections& Reforms) Plaintiff emailed a letter dated May 28, 2021 to mayor, council and administrator and city attorney disputing these assertions and explaining how these are new continuing violations and raised this at the June 23, 2021 meeting mentioning how his rights may be violated considering the public entity’s enforcement of zoning and parking ordinances elsewhere in town and beautification and quality of life efforts city wide, but received no further response. (See Amended Complaint for Case 7 @ Case(s) for Elections& Reforms.) Public records show no notice of violations are even written in contrast to the previous administration, perhaps because once written, if not correct or enforced, it can be addressed by prerogative writ in the superior court which can order it be corrected and enforced. A new complaint and order to show cause seeking restraints against the neighbors and termination of the illegal use by the sheriff was filed on 12/28/21 in Chancery (See Case 7: Case(s) for Reform” Docket Mon. C-209 21). A restraining order entered 12/29/21 but continues to be violated and contempt is being sought against Rosario to be heard 9/16/22 in Law Div. as transferred there (see below) along with equitable relief claims. Official misconduct is confirmed as Bruno discharges his mortgage with the neighbors the exact day Mayor Pallone and Councilwoman Celli and entire council receive Editor’s letter indicating his intent to participate in upcoming council meetings on the subject.
On May 24, 2022 after several weeks deliberation by the assignment and chancery judges, the entire matter was transferred to judge Gregory Acquaviva, a former lobbyist and Christie chief counsel and judicial nominee, in law div. for joining in of Long Branch as a prerogative writ matter. The court questioned why everything was taking so long and wanted to hear from Long Branch stating “it doesn’t work that way” as to direct enforcement by the sheriff at this stage. After transfer, a civil rights count was added against Long Branch for discrimination in violating Plaintiff’s property rights and right to equal protection of the laws under the 5th and 14th amendment of the US Constitution. See Amended Complaint @ Case 7 under “Case(s) for Reform,”
12/27/22:
Contempt denied and another judge’s TRO vacated on 9/6/22. Honest service lacking and bias evident from new judge Acquaviva that day. The same type of photos used to obtain the TRO showing ongoing interference with Plaintiff’s operations were suddenly not clear and was used as an excuse to undo the TRO. It is noted that while Plaintiff uploaded color photos to obtain the TRO, and provided a hardcopy to the court with same, the court’s website shows all black and white photos. (See TRO filing under Docket C-209-21. See Case 7 under “Case(s) for Reform” for link on Contempt)
Partial Summary judgment filed 10/26/22 against neighbors and Long Branch (Counts 1&2) seeking to terminate the rejected outdoor contractor’s yard, 24 hour trash and illegal parking interfering with editor’s operations next door. A jury decides facts, not law, but if facts are clear and not in dispute, then Summary judgment is used to obtain an order directly enforcing the law. Long Branch filed a cross motion to dismiss all of Plaintiff’s complaint essentially claiming they don’t have to enforce anything and nevertheless totally immune under the Tort Claims Act. However the Act also provides any immunity depends on good faith which is clearly lacking as no limitation of resources ever claimed by Long Branch preventing them from terminating the violations since at least 6/19/18 when the neighbor’s appeal was denied. This is where NJ judges usually look the other way and ignore the bad faith. See Case 7, “Case(s) page for links to summary judgment filings.
Oral argument is Jan. 12, 2023 @ 9 AM live at Monmouth Vicinge Courthouse, Freehold, court room of judge Gregory Acquavia, JSC. Editor will argue no limitation of resources, no immunity, and enforcement of zoning is mandatory and in the high public interest and the public is therefore encouraged to attend. Hopefully the court can withstand any lobbying on behalf of the neighbors and Long Branch. The neighbor’s flashed Pallone Reelection signs at the contempt zoom hearing prior to the judge coming on (See Case(s) “Contempt Denied”) and Sen. Vin Gopal and 2 aides were seen in the street at the premises recently.
5/25/23 Update:
Judge Acquaviva rendered his Order/Decision 3/9/23 with 38 pages of reasons attached. He denied all eight points of Plaintiff’s partial summary judgment and granted Long Branch’s cross motion to dismiss. He failed to consider that bad faith exists as no limitation of resources prevented abatement of violations which precludes dismissal under the tort claims act as immunity is predicated on good faith. As detailed in Plaintiff’s 4/13/23 letter to him and his boss the assignment judge, seeking his recusal, he ignored the true facts, substituted his own and otherwise resorted to lies and distortion and refused to apply the standard in order to be able to deny each point of relief in furtherance of his agenda to save face for the city attorney, and curry favor with politicians who may assist in his upcoming 7 year renomination for tenure as a judge. The city attorney had stated at the zoom council meetings that the complaint is nothing new and nothing would be done. His son was silent co counsel observer at the hearings, If any of the Plaintiff’s Summary Judgment Points were granted, this might puncture that contention by the city attorney. No doubt he assumed no one was watching and he could get away with it. Is there a job in the future for the law clerk with the city attorney’s firm? This has occurred in the past. How could they get the facts so wrong?
The letter refers to Plaintiff’s Motion for Reconsideration filed 4/12/23, returnable 4/28/23, which details the lies and distortion in the Statement of “Misstated and Corrected Facts” and seeks reconsideration applying the correct facts and standard. Failure to reconsider and apply the correct facts and standard will confirm the court’s willful refusal to apply the law and that it is not “error” and should be cause for investigation, discipline and removal under R. 2:15-8.
Three examples were given in the letter. Per Point III, though its obvious the outdoor use is illegal as rejected by the zoning board and upon appeal and the neighbors are therefore operating without site plan approval contrary to local ordinance, the court seeks to get around this immutable fact and finds “yard” is not defined by ordinance, though it actually appears in the resolution of rejection as such which is what matters, lol. Outdoor storage is geneally prohibited by ordinance and outdoor storage yards are not a permitted use in any zone and is a reason the use variance was denied, duh, lol. Per Point V as to abandonment of the paving company use, the court flat out refused to apply the Brill summary judgment standard though no documents were provided in dispute. As to Point VIII, regarding the neighbor’s solid waste and use of the loading zone and Plaintiff’s property, the court states “Asarnow’s brief refers to “Solid Waste Recycling Ordinance 293,” but does not cite a specific provision within that ordinance” but the very first sentence of the brief cites the ordinance sections being continuously violated and could not possibly be missed!
(See Case 7 under “Case(s) for Reform,” for the summary judgment filings and recusal letter & motion for hearing 5/26/23. A motion for reconsideration was filed to address the lies and distortion but the court refused to address the merits and denied 5/12/23 simply stating discovery was needed. Pathetic.
A letter of complaint is being sent to the Court’s Advisory Committee on Judicial Conduct which investigates claims under R.2:15 and 2:15-8 which includes (1) misconduct in office,(2) willful failure to perform judicial duties,(3) incompetence,(4) intemperate conduct,(5) engaging in partisan politics, or(6) conduct prejudicial to the administration of justice that brings the judicial office into disrepute. all of which appear to be implicated. Thus far the judge has not recused himself despite the conflict of interest and /or bias preventing enforcement of the laws and rules. Hard to see how he will conduct a fair trial against the neighbors which is what he is pushing by denying summary judgment.
FairtrialNJ doesn’t think judges should have an agenda or lie and distort to achieve it. It will be seen whether the Court supervision agrees. The committee reports to the chief justice!