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Township attorney reports three ongoing redevelopment cases, including motion to dismiss in federal court
Summary
Township attorney John Scotino told the committee there are three pending legal actions involving the redevelopment area, including a federal suit with a motion to dismiss and discovery stay, a summary judgment motion in a separate lawsuit, and a dispute over pilot payments; oral argument dates were mentioned.
Township Attorney John Scotino briefed the Township Committee on three pending legal matters tied to the redevelopment area.
Scotino said one federal action by a party named Tulfer alleges various redevelopment‑area claims and that counsel has filed a motion to dismiss: "filed a motion to dismiss all the allegations," he said. The judge has stayed discovery pending resolution of the motion. A second action involves the township's complaint against Topher for allegedly violating a redevelopment agreement; a summary judgment motion has been filed and the opposing party filed a response the day of the meeting, with oral argument expected in early October. A third matter concerns differing positions on payments owed under a pilot agreement and whether certain rental revenue belongs to the redevelopment area; oral argument on that matter is scheduled for July 30.
Scotino said insurance counsel is handling defense costs where appropriate and that timing for rulings will depend on court schedules.
