Mahwah November 25, 2009 THE VILLADOM TIMES IV • Page 7 Re-closing of Olney Road draws new lawsuit by Frank J. McMahon The closing of Olney Road in Mahwah has drawn another lawsuit by a resident of Stephens Lane. Stephens intersects with the northern end of Olney Road where bollards were placed on Aug. 31 in order to prohibit all but emergency traffic to enter or exit the road at that point. Maywood attorney Marc Isenberg has filed the lawsuit on behalf of Ronald Cabezas, who claims he is entitled to the use of all public streets, thoroughfares, and rights of way in the township and that the ordinance adopted by the Mahwah Council last July which again closed 15 feet of Olney Road between Stephens Lane and Babcock Drive was done unreasonably, arbitrarily, and capriciously. Cabezas further claims that the most recent ordinance is essentially the same as a previous ordinance adopted by the council to close the road. The original ordinance was declared null and void by a Superior Court judge in 2008 and, therefore, the resident believes the reclosing of the road was improper, illegal, and contrary to state and federal law. He wants the court to declare this new ordinance illegal, find that it violates the law, and determine that the ordinance is void and contrary to public policy. He wants the court to restrain the township from enforcing this new ordinance and to force the municipality to reopen the portion of Olney Road that was closed by this ordinance. In addition, Cabezas wants the court to award him counsel fees and costs. According to Cabezas’ complaint, Olney Road between Miller Road and Stephens Lane was opened in August 2004 for use by the general public. But in November 2005, the township council adopted an ordinance that closed 20 feet of Olney Road and submitted that ordinance to the New Jersey Department of Transportation, which refused to grant its approval of that ordinance. Cabezas claims the passing of that ordinance was arbitrary, capricious, and a violation of applicable law because there was no need or justification to close that portion of the road. In January 2006, Cabezas said the council adopted a new ordinance that amended the previous ordinance and allowed public utility, maintenance, and/or emergency vehicles to access the portion of the road that was closed by the original ordinance. But the township received (continued on page 8) We Now Carry Available in Mahwah store only ��� ��������������������� T B & Christmas T & Wreaths rees Est. 1982 ��������������������� �������������������������������� �� ��������������������������������������� ��������� ������������������������������������� November 27 – December 23 Weekday 3pm-10pm Weekend 10am-10pm Ramapo College Baseball Field • Finest premium trees and wreaths • Best prices in the area Coupons not accepted for Ugg purchases ������ ���� ���������������������������� ����������������� ��������������� ������������ All proceeds to benefit Ramapo College Baseball Delivery Available �������������� ������������������ ����������������� 11-18-09 mike/janine TBConstruction2x2(11-18-09) 2 x 2” 11-25-09 joan/janine RamapoCollegeBaseball2x2(11-25-09) 2 x 2” ����������������� ������������ ���������������������