John D. CONSTANTINE, on behalf of himself and all others similarly situated, Plaintiff-Appellant,
v.
TOWNSHIP OF BASS RIVER (improperly named as Bass River Township), Bass River Township Police Department, Office of Bass River Township Municipal Prosecutors, and all municipalities, municipal government authorities similarly situated, Defendants-Respondents.
Municipalities of Bound Brook, Bradley Beach, Carteret, Dunellen, East Windsor, Helmetta, Jamesburg, Kearny, Metuchen, Middlesex Millstone, Milltown, New Brunswick, North Brunswick, Plainsboro, Sayerville, South Amboy, South Boundbrook, South Plainsfield, South River, Spotswood And Spring Lake Heights (Hereafter "The Middlesex Jif Municipalities") City of Asbury Park, Township of Princeton and Borough of East Newark, Township of Hasbrouck Heights, Borough of Teterboro, Township of Cinnaminson, Borough of Caldwell, Township of Cedar Grove, Township of Verona, Township of Little Falls, Township of Township of West Caldwell, Township of West Paterson, Borough of Totowa, Town of Guttenberg, Borough of Freehold, Township of Freehold, Township of Chatham, Borough of Kinnelon, Township of West Milford, Township of Mine Hill, Morris Township, Town of Morristown, Borough of Netcong, Township of Pequannock, Township of Washington, Township of Warren, Borough of Roselle Park, Borough of Pompton Lakes, Borough of Mantoloking, Borough of Riverdale, Borough of Ringwood, Township of Wayne, Borough of North Haledon And Borough of Wanaque, City of Newark, Intervenors-Respondents.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued September 24, 2008.
Decided April 3, 2009.
Attorney(s) appearing for the Case
Sander D. Friedman argued the cause for appellant (Friedman Doherty, LLC, attorneys; Mr. Friedman and Donald M. Doherty, Jr., on the brief).
Thomas M. Barron, Moorestown, argued the cause for respondent Township of Bass River (Barron, Baker & Posternock, L.L.P., attorneys; Mr. Barron, on the brief).
Scott E. Rekant, Trenton, argued the cause for intervenors-respondents Municipalities of Bound Brook, Bradley Beach, Carteret, Dunellen, East Windsor, Helmetta, Jamesburg, Kearny, Metuchen, Middlesex, Millstone, Milltown, New Brunswick, Plainsboro, Sayerville, South Amboy, South Boundbrook, South Plainsfield, South River, Spotswood and Spring Lake Heights, "Middlesex JIF Municipalities" (Sokol, Behot & Fiorenzo, attorneys; Mr. Rekant and Steven Siegel, on the brief).
Evelyn R. Storch, Newark, argued the cause for intervenors-respondents Township of Hasbrouck Heights, Borough of Teterboro, Township of Cinnaminson, Borough of Caldwell, Township of Cedar Grove, Township of Verona, Township of Little Falls, Township of Little Falls, Township of West Caldwell, Township of West Paterson, Borough of Totowa, Town of Guttenberg, Borough of Freehold, Township of Freehold, Township of Chatham, Borough of Kinnelon, Township of West Milford, Township of Mine Hill, Morris Township, Town of Morristown, Borough of Netcong, Township of Pequannock, Township of Washington, Township of Warren, Borough of Roselle Park, Borough of Pompton Lakes, Borough of Mantoloking, Borough of Riverdale, Borough of Ringwood, Township of Wayne, Borough of North Haledon and Borough of Wanaque, (Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman, attorneys; H. Curtis Meanor, on the joint brief).
William B. McGuire argued the cause for intervenors-respondents City of Asbury Park, Township of Princeton and Borough of East Newark (Tompkins, McGuire, Wachenfeld & Barry, attorneys; Marianne M. DeMarco, on the joint brief).
Julien X. Neals, Acting Corporation Counsel, Newark Department of Law, attorney for intervenor-respondent City of Newark, joins in the joint brief of intervenors-respondents Township of Cinnaminson, City of Asbury Park, Township of Princeton, and Borough of East Newark.
Before Judges PARRILLO, LIHOTZ and MESSANO.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
MESSANO, J.A.D.
Plaintiff John Constantine paid twenty dollars to obtain three pages of discovery related to a speeding summons issued as he drove through the Township of Bass River (Bass River). He pled guilty to a "non-speed specific driving violation" in the municipal court, but then filed this action on behalf of himself, and others similarly situated, against defendants Bass River, its police department, its municipal...
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