Mahwah March 3, 2010 THE VILLADOM TIMES IV • Page 3 Superior Court decision will keep Olney closed by Frank J. McMahon Superior Court Judge Joseph S. Conte has dismissed the lawsuit that challenged a Mahwah Council ordinance which closed Olney Road to through traffic. The suit was filed by Stephens Lane resident Ronald Cabezas, who had been successful in a previous suit in which a prior township ordinance to close the road was invalidated. At a recent AAA North Jersey Community Traffic Safety Luncheon, Mahwah Police Department officials were presented with an Award of Excellence. The award is presented to communities in recognition of their traffic safety programs.The Mahwah Police Department has been extremely active in educating the public on the proper installation of child safety seats. In addition, the department has an aggressive campaign to reduce traffic crashes through ‘Driving Under the Influence’ checkpoints and a program to reduce speeding in residential areas with the use of a trailer that shows drivers their speed. Pictured are Sergeant Scott Cherven, AAA North Jersey Vice President James Dobi, and Lieutenant Bruce Kuipers. AAA recognizes police department ������������������������ ��������������������������� ����������������� �������������������������������������������������������� ����������� ����� ������ ��� �������� ���� ��� ��������������� � ������������ ���������� ����� ��� ����� ��� ���� ��������� ����� ����������������������������������������������� • • • • Income Tax Preparation Personal Taxes � Business Taxes Competitive Rates � Quality Returns Offices in Mahwah and Ramsey, NJ 201-512-0300 n_buonfiglio@smallbizpros.com Tax Consulting and Preparation Monthly Financial Reporting Business Advice & Growth Complete Payroll Services Olney Road extends between Miller Road and Stephens Lane, which is adjacent to the closed end of Olney Road near the township’s Cragmere section. Judge Conte dismissed the suit based on the fact that it was not filed within the required 45-day period after the publication of the public notice of the adoption of the ordinance. He also found that the legal exceptions that would permit him to extend that time period, such as the case involving important and novel constitutional issues, an informal determination of legal questions by administrative officials, or important public interest, did not apply in this case. The lawsuit was dismissed with prejudice, which means the case was decided on its merits and a subsequent lawsuit on the same cause of action is barred. In his explanation of the ruling, Conte said he found that Cabezas made no constitutional challenge to the ordinance that closed Olney Road. Therefore, the lawsuit is subject to the 45-day limit imposed by a New Jersey Court Rule. In addition, he could not find that Cabezas’ legal rights or any state or federal laws were being violated by the ordinance. Cabezas’ attorney, Marc Isenberg, argued that the case was a declaratory judgment action brought before the court in order to determine the plaintiff’s rights under the ordinance and his right to use the portion of Olney Road closed by the ordinance, and was therefore not subject to the 45day filing requirement. Conte found, however, that the action was an action in lieu of prerogative writ. The judge stated it was not clear to him what legal rights of the plaintiff’s were being affected by the ordinance. “The court is reluctant to qualify this action as a declaratory judgment action when the court can find no legal rights of the plaintiff or any state of federal law that is being violated,” Conte stated. He added that, if there had been a challenge to the constitutionality of the ordinance, it could be considered a declaratory judgment action and not subject to the time limit of an action in lieu of prerogative writ. “However, the plaintiff makes no such constitutional challenge here,” Conte stated. “Accordingly, this court finds that this matter is substantively an action in lieu of prerogative writ.” (continued on page 14) ��������������������������������������� ��������������������� ������������������� $25 Off Your Income Tax Return! Just Mention This Ad (Offer Expires 03/31/10) LANDSCAPE DESIGN AND CONSTRUCTION, INC. Full Service Landscape Professionals since 1978 2-24-10 Joan/Janine VanderSterre2x2(2-24-10) 2 x 2” E � �� � � � � � � � � � LANDSCAPE DESIGN CUSTOM LANDSCAPE MASONRY IRRIGATION AND LIGHTING FULL SERVICE PROPERTY MAINTENANCE ESIGN CENTER 413 Godwin Avenue, Midland Park • 201.891.1199 ANDSCAPE GALLERY AND GARDEN S 11 Barnstable Court, Saddle River • 201.825.4440 www.jacobsenlandscape.com D L