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Mannington tables settlement approval, discusses litigation and ex-parte limits on solar project comments
Summary
A resolution approving a settlement in the DiGregorio litigation was tabled; the committee entered closed session to discuss pending litigation and affordable housing obligations, and Solicitor Horner advised Deputy Mayor DiGregorio not to discuss the Fenwick Creek Solar Project in committee or outside townhall when acting as a committee member.
The Mannington Township Committee on March 2 adopted a resolution to move into closed session to discuss matters from which the public may be lawfully excluded, including pending or anticipated litigation and contract negotiations. The closed-session resolution cited the Open Public Meetings Act (N.J.S.A. 10:4-6, et seq.) and listed discussions anticipated to include affordable housing obligations under the Fair Housing Act and a pending lawsuit captioned Robert DiGregorio v. Mannington Township (Docket No. SLM-L-000192-21). The resolution stated that no action would be taken in closed session and that disclosures would occur when confidentiality no longer exists.
After the closed session the committee returned to public session and tabled a Resolution Approving Settlement Agreement related to the DiGregorio litigation; no settlement was approved that night. Deputy Mayor DiGregorio later asked Solicitor Horner for guidance on how he could express concerns about the Fenwick Creek Solar Project as a resident. Horner advised that Township Committee members cannot discuss the project at a committee meeting or outside townhall and that, when DiGregorio participates at the Planning Board as a Class II member, he should step down and not discuss the matter there; Horner also suggested DiGregorio consult Planning Board Solicitor Justin White and to voice concerns at the Planning Board meeting as a resident.
Why it matters: the tabled settlement and closed-session topics concern ongoing litigation and affordable housing responsibilities that the township indicated would be disclosed when confidentiality ends. Solicitor advice clarified limits on committee memberspublic advocacy and potential conflicts when serving on both the committee and the Planning Board.
Next steps: no settlement action was taken; disclosures about closed-session matters will follow as described in the resolution when legal confidentiality permits.
