Mahwah December 22, 2010 THE VILLADOM TIMES IV • Page 9 Resident continues effort to reopen Olney to public by Frank J. McMahon A Stephens Lane resident who filed an appeal to compel the Mahwah Council to reopen Olney Road is now awaiting the court’s decision. Ronald Cabezas has sued the township twice to try to keep Olney Road open to through traffic, and was successful in his first lawsuit. He was unsuccessful in his second attempt to invalidate another township ordinance that was adopted to close the road. That suit was dismissed by Superior Court Judge Joseph S. Conte, who ruled that the lawsuit was not filed within the required 45-day period after the publication of the public notice of the adoption of the ordinance. The judge also found that the legal exceptions that would permit him to extend that time period did not apply. Exceptions apply when a case involves important and novel constitutional issues, an informal determination of legal questions by administrative officials, or an important public interest. Conte ruled that Cabezas made no constitutional challenge to the ordinance that closed Olney Road, so the lawsuit is subject to the 45-day limit. In addition, he said he could not find that the ordinance was violating Cabezas’ legal rights, or any state or federal law. Marc Isenberg, Cabezas’ attorney at the time, argued that the action was a “declaratory judgment action” brought before the court to determine Cabezas’ rights under the ordinance and his right to use the portion of Olney Road that was closed by the ordinance, and was therefore not subject to the 45-day filing requirement of the New Jersey Court Rule. Conte found, however, that the action was an “action in lieu of prerogative writ.” He stated it was not clear to him what legal rights of Cabezas were being affected by the ordinance. Conte dismissed the lawsuit “with prejudice,” which means the case was decided on its merits and a subsequent lawsuit on the same cause of action is barred. Cabezas then appealed Conte’s ruling. The appeal was heard by a panel of judges early in November, but the Appellate Court has yet to render a decision. Mahwah Associate Township Attorney Andrew Fede argued the case in Superior Court and before the Appellate Court panel. He claims there is no constitutional basis upon which the court can extend the 45-day time limit and said the road should be closed for public safety reasons. Olney Road, which extends between Miller Road and Stephens Lane, was opened for use by the general public in August 2004. The township attempted to close 20 feet of Olney Road by ordinance in (continued on page 16) Dollar Day benefits CFA Ramapo Ridge Middle School Dollar Day Chairpersons Jaclyn Benigno, Allie Komberger, and Sarah Workman show some of the proceeds from the National Junior Honor Society’s annual fundraiser. Donations benefit the Center for Food Action, which distributes the cards to its clients so they can purchase holiday gifts. NJHS encourages students to donate $1. This year, Dollar Day netted $700. Creations By Fran Flowers & More... Last Minute Gift Ideas • Full Line of Fresh Flowers • Custom Silk Arrangements • Unique Oil Painting Gallery • Garlands • Centerpieces • Grave Blankets & Pillows • Fresh Wreaths and more... Merry Christmas Happy New Year and �������������� ������������������������������������������������������������������ from We thank our customers for 14 Central Ave their loyalty over the past Midland Park three years and wish everyone 201-444-8366 or a Merry Christmas and a 201-389-3079 Happy, Healthy New Year. Mon-Fri 9-6, Sat 9-5 ������������� 201-444-9995 ���������������������� 201-447-3910 FLEXIBLE PAYMENT PLANS NJHIC License #13VHO3311000 50Wreath in Stock Off Any Tree or % With this coupon only through December 24, 2010 • Fairway Estate Garden Center