UNN-L-001903-10 Amended Complaint

WIlliAM J.
Q)URTNEY 00
LAUR1EJ.8lCED 0
RIcHARD D. DEL MONACO 0(;.
LAW OFFICES OF
WILLIAM J. COURTNEY, L.L.C.
200 MAIN STREET
P.O. Box 112
FLEMINGTON, NEWJERSEY 08822
TEL., (908) 7825900
FAX' (908) 7827001
MARK G. YATES 0
JoANNE GARDNER 00
OFQ)UNSEL
oNEWJERSEY BAR
a f'ENNSYLVr\NlA BAR
,> NEW YORK BAR
SENDER'S EMAIL.WCOURTNEY@COURTNEY-LAW.COM
May 8, 2012
Via Regular Mail
Barry Capp, Esq.
Ansell Grimm & Aaron
1500 Lawrence Avenue, CN 7807
Ocean, New Jersey 07712
Re: George D' Agostino and Railroad Industries, LLC v. The Borough of Roselle Park et al.
Dear Attorney Capps:
Thank you for agreeing to accept service on behalf of the five additional Defendants in
reference to the above matter. Enclosed please find a Summons along with a copy of the
Complaint filed in Union County, Law Division for each additional defendant. The additional
Defendants you are accepting service for are:
1. Doreen Cali
2. Vincent Cahill
3. Carl Puccio
4. Modesto Miranda
5. Joseph Accardi
Please sign the enclosed Acknowledgment of Service and return to this office in the self-
addressed, stamped envelope provided. Should you have any questions, please feel free to
contact my office.
Very truly yours,
/ts! OW"dk- cf
CC: GEORGE D' AGOSTINO
22 PINE STREET. MORRISTOWN. NJ 07960 (973) 5399111
William J. Courtney, Esq.
67 WALL STREET, 22ND FLOOR, NEW YORK, NY 10005 (212) 9263200
LAW OFFICE OF WILLIAM .1. COURTNEY, LLC
200 MAIN STREET
P.O. Box 112
Flemington, NJ 08822
(908) 782-5900
Attorneys for Plaintiff
RECEIVED I F!I-EO
Superior Court of Nb" ""!Say
APR 2Sl012
CIVIL CASE MANAGEMENT
UNION COUNTY
GEORGE D'AGOSTINO
And RAILROAD INDUSTRIES, LLC
PLAINTIFF
VS
THE BOROUGH OF ROSELLE PARK
DOREEN CALI, individually and in her
Representative capacity: VINCENT
CAHILL, individually and in his
Representative capacity; CARL PUCCIO,
Individually and in his representative
Capacity; MODESTO MIRANDA,
Capacity; JOSEPH ACCARDI,
Capacity; JOHN DOES 1-5, individually
And in their representative capacities;
JOHN DOES 6-10, individually and in
Their representative capacities; and
JOHN Does II-IS, individually and in
Their representative capacities
DEFENDANT
: SUPERIOR COURT OF NEW JERSEY
: CHANCERY DIVISION
: UNION COUNTY
DOCKET NO. UNN-L-1903-10
CIVIL ACTION
: AMENDED COMPLAINT
Plaintiffs, George D'Agostino and Railroad Industries, LLC, hereby complaining of the
Defendants says::
The Parties
1. At all relevant times, Plaintiff resided at 1589 Ixora Drive, Naples, Florida 34102.
Plaintifl" George D' Agostino was the owner of the property known as 293 West Clay Avenue
(Block 308, Lot 1) in the Borough of Roselle Park, New Jersey until he transferred the property
to PlaintifIRailroad Industries LLC in 2010.
2. PlaintitIRaiIroad Industries LLC is a limited liability company organized under the laws
of the State of New Jersey with its principle place of business located at 217 Magee Avenue,
Roselle Park, Ncw Jersey 07204. Railroad Industries LLC is the current owner of Block 308,
Lot I located in the Borough of Roselle Park, New Jersey, which is the subject mailer of the
elaims in the within litigation. Plaintiff George D' Agostino is the managing member of Railroad
Industries. Inc.
3. The Borough of Roselle Park is a municipal corporation organized under the laws of the
State of New Jersey and has a principle place of business located at 110 East Westfield Avenue,
Roselle Park, NJ 07204.
4. Defendant Doreen Cali (hereinafter "Cali") is, upon information and belief, a resident of
the State of New Jersey. Defendant Cali is being sued in her individual and representative
capacities.
5. Defendant Vincent Cahill (hereinafter "Cahill") is, upon information and belief, a
resident of the State of New Jersey. Defendant Cahill is being sued in his individual and
representative capacities.
6. Defendant Carl Puccio (hereinafter "Puccio") is, upon information and belief, a resident
of the State of New Jersey. Defendant Puccio is being sued in his individual and representative
capacities.
7. Defendant Modesto Miranda (hereinafter "Miranda") is, upon information and belief, a
resident oflhe State of New Jersey. Defendant Miranda is being sued in his individual and
reprcsentati ve capacities.
8. Defendant Joscph Accardi (hereinafter "Accardi") is, upon information and belief, a
resident of the Statc of New Jersey. Defendant Accardi is being sued in his individual and
represcntativc capacities.
9. Defendants John Docs 1-5 are fictitious persons whose identities are unknown to
Plaintiffs at this time but are current or past rcprcsentatives and/or cmployees of the BoroLlgh of
Roselle Park's Departmcnt ofPLlblic Works. Defendant John Does 1-5 are being sued in their
individLlal and representative capacities.
10. Dcfendants John Docs 6-10 are fictitious persons whose identities are unknown to
Plaintiffs at this timc who are current or past representatives and/or cmployees of the Borough of
Roscllc Park's Public Works Departmcnt. Defendants John Docs 6-10 are being sued in their
individual and representative capacities.
11. Defendants John Does 11-15 are fictitious persons whose identities are Llnknown to
Plaintiffs at this time who are eurrent or past representatives andlor employees of the Borough of
Roselle Park's Clerk's office.
General Allegations
12.. In or around January of 1989, Plaintiff purchased the property knov..n as Block 308, Lot I
loeated in the Borough of Roselle Park, New Jcrsey from Robert Clauss, whose address at the
time was 7 Manitob Circle, Scotch Plains, New Jersey. Prior to the purchase of the property, in
or around 1983. the Borough of Roselle Park passcd Ordinancc No. 1236 (a copy of which is
attaehcd hereto as Exhibit A) which vaeated the portion of the roadway known as Roosevelt
Street betwecn Wcst Clay Avenue and the Lchigh Valley Railroad
13. Shortly thcrcafter. and in accordance with the laws of the Slate of New Jerscy, title to the
roadway was vested in the owncrs of the property locatcd on either side of the ccnler line of
Roosevelt Street. On or about July 7, 1983. letters were sent by Defendant Borough of Roselle
Park to Mr. Class and Mr. and Mrs. Delorio enclosing a copy of the Borough Ordinance No.
1236. which was adopted by the Mayor and Council on April 11. 1983, indicating by virtuc of
adoption and a required publication of said ordinance that they each now owncd to the middle
portion of Roosevelt Street as outlined in the Ordinance and permitted them to proceed to make
any changes they so desire (See Exhibits B and C).
14. Borough Ordinancc No. 1236 rcserved in thc vacation of the roadway, "all rights.
privilcges and easemcnts, ifany, of the Borough of Roselle Park, Public Service Electric & Gas
Company, Ncw Jersey Bcll Telephone Company. Elizabethtown Watcr Company and
Elizabethtown Gas Company" (See Exhibit A). Thcre was no reservation of a pedestrian
walkway in the Ordinance. However, after the Ordinance was adopted, there was apparently
discussions of an casement for a pcdestrian tight-of-way betwecn Robert Clauss and the Borough
of Roselle Park (See Exhibit B). Upon in/urmation and belief, thcre was never an agreed upon
easement for a pcdestrian walkway over the vacated roadway aller Ordinance 1236 was adoptcd.
I S. For reasons unknown, in or arOlmd March of 1986, Ordinanec No. 1369 was adopted by
the Borough of Roselle Park vacating thc same roadway previously vacated by Ordinance No.
1236 in 1983 (See Exhibit D). Ordinance No. 1369 differed from Ordinancc No. 1236 in that it
specifically reserved an casement for a "pedestrian walkway," which was not specifically
reserved in the earlier Ordinance vacating the roadway (See Exhibit D)..
16. Three months later, in June of 1986. a third Ordinance 1385 was adopled vacating thc
same portion of the samc roadway and as was the case wilh the second Ordinance 1369 reserving
from the release "all rights. privileges and all existing eascments for a pedestrian walkway.. "
See Exhibit E).
17. Neither of the Ordinances adopted in 1986 specify the location of any easements for a
pedestrian walkway over the vacated roadway and the language of the Ordinances themselves do
not speci ry a location.
18. In or around January of 1989, the property formerly owned by Clauss Studio Inc. was
sold to PJaintiffs.
19. From 1989 up until approximately January or201 0, Plaintiffs enjoyed full access to its
one-half portion of the vacated roadway. Pedestrians, on occasion, crossed over both sides of the
vacated roadway for ingress and egress to a tunnel under a New Jersey Transit Railway line
loealed on the northerly portion of the vacated roadway. At all times relevant hereto, up until
approximately January 2010, the tenanlS of Plaintiffs' property located at Block 308, Lot I, or
more commonly known as 293 Wesl Clay Avenue, were pemlitted to park on the side of the
existing structure and on the vacated roadway.
20. At no time were the tenants of293 West Clay Avenue ever advised by any Borough
otlieial that it would be improper to park in that location and at no time were the tenants ever
threatened with Summons for parking at said location Pri9!l0)anuary :2010.
21. In or around January 2010, a dispute arose between the tenants located at 293 West Clay
Avenue and the business locatcd on the other one-half of the vacated roadway at 301 West Clay
Avenue. That business, 101;0 Deli. is upon information and belief operated by Joseph and Guilda
Delorio (See Exhibit F).
22. Joseph Delorio was the Mayor of Roselle Park.
23. In early 2010. Guilda Dclorio approached the tenants at 293 West Clay Avenue who
operated the Centcr for Family Support, a day program for disabled adults.
24. Mrs. Delorio requested that the employees of the Center for Family Support relocate their
automobiles so that she could use their parking spaces for patrons at her facility. Although the
tenants had in the past capitulated to Mrs. Delorio's requests to move their vehicles, they advised
PlllimilTthat they were uncomfortable having to relocate their vehicles every time Mrs. Delorio
requested that they do so.
25. In response to Plaintiffs' tenant's requests. Mr. D' Agostino approached Mrs. Delorio and
requested that she not demand that l ~ tenants relocate their vehicles. Mrs. Delorio's responded
by indicating that she would use her influence with her son, the Mayor, to make certain that
Plaintif(s'. tenants could not park on their side of the vacated roadway and that the disabled
clients of the Center for Family Support would not be able to utilize the roadway to get on and
off buses to attend their day program.
26. Shortly after the threat by Mrs. Delorio, Plaintill along with the tenants located at 293
West Clay Avenue, encountered a continued course ofharassrnent and retaliation from the
Borough of Roselle Park. This harassment and retaliation included but is not limited to the
following:
A.. Receipt of notice by the Borough of Roselle Park indicating thaI the tenants of 293
West Clay Avenue were blocking a sidewalk easement in violation of the Borough Ordinances
and then demanding that the activity cease immediately. TIle Borough also accused George
D'Agostino ofmisieading the tenants by placing signage on the building falsely indicating that
parking was legal at that area of the building.
The tenants, however, had been parking in that area and Mrs. Delorio patrons had also
been parking in that area for several years and no official from the Borough ever indicated that
the parking or the signage was illegal.
B. Representatives of the Roselle Park Police department. in their individual and
representative capacities, Police began showing up at the location and advising Plaintiffs' tenants
that they could not park in areas where they had previonsly parked. The tenants were also being
harassed and threatened with citations and possible arrest if they did not comply with the
demands made by Police OfTicers from the Borough of Roselle Park. Upon information and
bclief. many of the police officcrs that showed up on Plaintiffs' property were not dispatched by
the Borough of Rosellc Park's Police Department and were. upon information and belief. acting
in thcir individual capacities under the color of law.
C. Without notice. on or about May 10, 2010, employces from the Dcpartment of Public
Works of the Borough of Roselle Park, acting in their individual and representative capacities.
cntered upon Plainti frs' land without prior consent or approval to paint lines in the parking lot.
indicating a J5 foot wide eascmcnt (See Exhibit G). Defendants Vincent Cahill. Dorecn Cali.
Modesto Miranda andlor Defendants Jolm Does 1-5 andlor John Does 11-15 directed said
persons to enter upon Plaintiffs' property and widen the easement from approximately six (6)
leet to fifteen (15) feet. Reprcscntatives of the Borough have indieatcd to Plaintiffs that they
would be returning to the property as early as Monday May 17,2010 in order to paint permanent
lines delineating their claimed 15 toot casement aeross Plaintiffs' private property and
prohibiting them or his tenants from utilizing same.
D. Upon intormation and belief. Defendants Accardi. Miranda. Cahill, Cali. Puccio and John
Docs I-IS took actions to deprive Plaintiffs of the ownership of his property along with the use
and enjoyment of the property. Defendants further acted individually andlor conspired with each
other to intcrfere ....i th Plaintiffs rcasonable expcctation of economic gain and contractual
relations with his tenants because they knew, or should have known. that their actions would
have a detrimental effect on Plaintiffs' relationship with his tenants and Plaintiffs' ability to lease
the subject real property or to otherwise derive economic benefit therefrom would be negatively
effected.
E. Defendant Doreen Cali, individually and in her representative capacity as Clerk for the
Borough of Roselle Park, the Borough of Roselle Park along with the other Defendants, in their
individual and representative capacities, acting under the color of State sought to deprive
Plaintiff of his rights including, but not limited to the right a.t1ordcd to him under the
Constitution and laws of the United States of America. These rights include but are not limited to
Plaintitrs right to redress grievances and his rights to due process and equal protection. An
example of the deprivation of Plaintiffs' rights was the refusal by the Borough of Roselle Park
counsel to consider his complaints concerning the violation of his tenants civil rights. When Mr.
D' Agostino sought to address what he believed to be racial based harassment of the employees
of his tenant. he was shut down and was not permitted continue to raise complaints and speak
fully and candidly about the racial harassment of his tenant's employees.
Plaintiffs tenant was the Center for Family Support (CFS). This organization was
essentially a day program for disabled adults. After the Plaintiff began to voice his objections
concerning racial harassment of CFS, employees and/or representatives of the Borough Roselle
Park continued to harass the CFS employees and also took actions that would affect the clients
ofCFS utilize and access the facilities, Plaintiff attempted to voice his objections about these
subsequent actions, but was again not permitted to do so.
As a further example of deCendant's violation ofPlailllifrs rights, plaintiff was
continuously prohibited from addressing his grievances with Roselle Park regarding the
Plaintiffs' disparate treatment and his claims of civil rights violations and the improper and
illegal activities of the Borough of Roselle Park.
F. Upon infol1nation and belief, Defendants Doreen Cali, Joseph Accardi and Modesto
Miranda and John Docs I] -]5 attempted to have the tax map of the Borough of Roselle Park
changed to reflect that the abandoned portion of Roosevelt Street was owned entirely by Guilda
DcIorio and that PlaintifIs owned no interest in the property. Defendant Cali. specifically.
threatened individuals and ultimately assaulted the Tax Assessor lor the Borough of Roselle Park
when he refused to modify the Borough's tax map. The tax assessor informed the Defendants
that Delorio did not own the abandoned roadway and that PlaintilTdid. in fact. own one-halfof
the roadway. He also indicated to Defendants that their attempts to !oree him to modify the tax
maps was illegal and that he could not comply with their requests. The harassment of the Tax
Assessor became so severe that he became ill and was forced to retire.
G. During the time that Defendants were harassing and retaliating against Plaintiffs. Plaintiff
became aware that his neighbor Guilda Delorio was not in compliance with a site plan approval
that was previoLlsly granted to her by Defendant Borough of Roselle Park. When he attempted to
discuss this issue and other issues being raised about his property with Defendant Carl Pucci (the
Roselle Park Code Enforcement Office) he slammed the door in PlaintiJrs face and refused to
speak with him about any of the issues.
H. Defendant Doreen Cali also misrepresentcd to Council Members that Plaintiff did not
have any intcrest in the property at issue after she was told by the Tax Assessor and others that
her statements regarding ownership were false.
I. Plaintiff was contacted by Paul Endler. the Tax Assessor for the Borough of Roselle Park.
and was informed that the Borough officials were attempting to steal his property.
Count I
(Declaratorv Judgmentl
27 .Plaintiffs repeat and reallege all of the facts and allegations contained in paragraphs 1-26
of the Complaint as set limh herein at length.
28. Ordinance No. 1236 ~ duly adopted and publicized pursuant to law and vacated the
subject roadway without reservation of any pedestrian walkway on or about April II, 1983 (See
Exhibit A).
29. As a result of Defendants' actions in entering upon Plaintiffs' prope11y, interfering with
Plaintiffs' use and enjoyment ofthe property and threatening PlaintilTs and their tenants with
punishment up to and including arrest Plaintiffs have suffered and will continue to suffer
irreparable hann. If the actions of the Defendants are allowed to continue, Plaintilfs' rights under
the New Jersey State Constitution to possess and protect property and enjoy the equal protedion
of the laws of this State will be violated.
30. Defendants' actions, asserting a defined easement over Plaintiff.< property, when none
previously existed, is the taking of his property without due process of law and will result in
in'eparable hann to Plaintiffs.
WHEREFORE, Plaintiffs demand judgment against the Defendants:
A. Enjoining the Defendants from entering upon the Plaintiffs' property and
asserting any ownership claims adverse to Plaintiffs
B. Declaring that Defendants' claimed 15 foot pedestrian right-of:way over
PlaintifIs' property does not exist and that Defendants have no interest in the real property
commonly known as 293 West clay Avenue, Roselle Park, New Jersey.
C. Awarding PlaintifTs attorneys fees, interest and cost of suit.
D. Such other and further relief as the Court may deem equitable and just.
COUNT!!
(Violation State (:onstitutiQn)
31. Plainti tis repeat and reallege all of the faels and allegations contained in paragraphs 1-30
oftbe Complaint as set forth herein at Icnglh.
'?
J_. On or about Dceember 15. 1999. Guilda Delorio, the owner of the property adjoining
PlaintijTs, was granted a use variance by the Defendant Borough to expand her business and
construct a catering hall on her non-conforming lot located a1301 West Clay Avenue.
33 Over the objections of Plaintiff George D' Agostino. Guilda De Iorio sought and received
permission to expand her business which was located in an R-2. Two Family Residential District.
obtained Area/Bulk Variances 1'1'0111 curbing requirements in her parking area; a reduction in
required parking spaces from 20 to 7, a reduction in the front and rear setback requirements and
an increase of the maximum height restriction.
34. Site Plan Approval and the above variances were granted 10 Gui Ida De Iorio on the
eondilion that she complies with the provisions of a specific site plan drafted by Harbor
Consultants Inc. dated August 23. 1999.
35 Guilda Dc Iorio has completed her renovations and has been operating her business and
catering hall without complying with the requirements set forth in the Harbor Consultants Inc.
site plan.
36 Guilda Delorio is the mother of Joseph Delorio, the Mayor of Defendant Borough. at the
time at issue.
37. PlaintiJ), George D' Agostino requested that Defendant Borough, Joseph Accardi enloree
the site plan requirements upon the Mayor Delorio's mother but Defendants have refused to do
so.
38. lnslead, Defendant Borough, with the aide and assistance or the other Defendants
engaged in a course of retalialion against Plaintiff George l)'Agostino, violated his constitutional
and civil rights and sought to take andlor encumber his property without compensation or due
process of law.
39. When Plaintiff George D'Agostino inquired at a Borough Council meeting as to why
Guilda Delorio was pemlitted to operate her business without the lighting and handicap
accessibility renovations required on her approved site plan, members of the Borough Council,
including but not limited to Mayor Delorio and Defendants Accardi and Miranda harassed and
intimidated Plaintiff D' Agostino by demanding to know where his handicap parking spaces
were, even though the Council members knew or should have known that Mr. D' Agostino's
property did not require handicap parking spaces.
40 During the same time period that Defendant Borough was rcfusiflg to enforce its land usc
and zoning ordinances against the Mayor's mother, Derendant Borough with the aid and
assistance of Defendants began to issue warnings and threatened Plaintins with lines and
penalties for alleged violations of the Borough Ordinances that the Derendant Borough had not
previously sought to enforce against Plaintiffs.
41 Plaintiffs were being threatened and harassed by the Defendants. Derendants threatened
Plaintiffs with lines and penalties lor the location of their trash bins, even though they had been
located in the same place for years '!vithoul complaint. Delorio operated the commercial dcli
next door to Plaintifrs' rental and did not have a required trash container. [nstead, the Defendant
Borough of Roselle Park picked up the trash generated by Guilda Dc Iorio and her business.
withollt charge or complain!. When Plaintiffs brought this mailer to the allention of Defendant
Borough. nothing was done and the Defendant Borough continued to pick up and dispose of the
commercial trash without charge to Guilda De Iorio or her business:
42. The actions and inactions of Defendants constitute impermissible seleeti ve enforcement
law and violate the equal protection and due process rignts guaranteed to Plaintiffs under the
Constitutions of the United States of America and the State of New Jersey.
43. As a result of the actions and inaction of the Defendants. Plaintiffs have sulTered and will
continue to suffer damages.
44. Defendants' actions have violated PlaintitTs' rights under the New Jersey State
Constitution to acquire. possess and protect property and to the equal protection and due process
of the laws in this State.
45. As a proximate result of the Defendants' actions, Plaintiffs have been damaged and will
continue to suller damages
WHEREFORE: Plaintiffs demand judgment against Defendants as follows:
I. Enjoining Defendants from any future acts, actions or activities that would
interfere with Plainti ITs' rights under the Constitution of the State of New Jersey:
2. Awarding PlaintilTs damages, including compensatory, exemplary. and
punitive damages. statutory penalties, attorneys fees, interest, and costs of suit and
other such felief that the court deem equitable and just.
CmJNT III
l e ~ p a s s
46. Plaintiffs repeat and reallege all of the facts and allegations contained in paragraphs 1-45
of the Complain! as sct forth hcrcin at length.
47. Defcndants' actions, including the actions of Defendant Cahill in his individual and
representative capacities. and John Does 1-5, individually and in their representative capacities,
in entering upon Plaintiffs' land without permission. constitutes a trespass llpon Plaintiffs' land,
48. As a direct and proximate resllit of the Dcfendants' trespass. Plainti ITs havc sll!Iercd and
will continuc to suffer damages.
WHFREFORE, Plaintiffs declare judgment against the Defendants for damages,
including compensatory and punitive danlages as wcll as attorney's fees, interest and cost of suit
and such other and further rclief as thc Court may deem equitable and just.
C01jNTIV
(Takingqf Land Without Dllel'r()cess alld CClmpensation)
of the Complaint as set forth hcrein at length.
50. Defendants' actions in asserting an easemcnt over Plaintiffs' land. which did not
previously exist. constitutes a taking without proper process and compensation to the Plaintiffs.
51. As a dircct and proximate result of the Dcfendants' actions, Plaintiffs have suffcred and
will continuc to suffcr damages.
WHEREFORE. Plaintiffs declare judgmcnt against the Defcndants for damages,
including compensatory and punitive damages as well as attorney's fces. intcrcst and cost of suit
and such other and furthcr relief as thc Court may dccm equitable and just.
COUNT V
~ \ y Jersey ConSJitutionlNcwJerscy Civil Rightsl\C!)
52. Plainti ffs repeat and reallege all of the facts and allegations contained in paragraphs 1-51
of the Complaint as set forth herein atlcngth.
53. Defendants' actions in dealing with Plaintiffs from on or about January 1.2010 have
deprived Plainti ITs of substantive due process and equal protection rights and privileges and/or
immunities procured by the Constitution of the State of New Jersey and the New Jersey Civil
Rights Act.
54. Plainti ffs' exercise of those substantive rights. privileges and/or immunities have been
interfered with by the Defendants by threats, intimidation and coercion by a person or persons
acting under the color oflaw.
55. By the Defendants' actions. Plaintiffs have been and will continue to be damaged.
WHEREFORE. Plaintiffs demands judgment against the Defendants for:
A. Enjoining Defendants Irorn violating Plaintiffs' substantive due proeess or equal
protection rights, privi leges or immunities secured by the Constitution of the State of New
Jersey or from interfering or attempting to interfere with Plaintiffs' exercise of those substantive
rights. privileges or immunities.
B. For damages, including compensatory and punitive damages;
C. Attorneys fees. interest and cost of suit;
O. lor sueh other relief as the Court may deem necessary and j ust.
COUNT VI
(PUBLIC POLICy)
56. Plaintiffs repeat and reallege all of the ~ e t s and allegations contained in paragraphs 1-55
of the Complaint as set lorth herein at length.
57. The actions and inactions of the Defendants as they relate to the Plaintiffs' rights and
freedoms and the acts alleged herein arc violate of the Public Policy of the State of New Jersey.
58. As a direct and proximate result of the Defendants' actions. Plaintiffs have suffered and
will continue to suiTer damages. including the deprivation of civil liberties.
WHEREFORE. PlaintiJTs demand judgment against the Defendants for damages.
including compensatory and punitive damages, attorneys lees, interest and cost of suit and such
other and further relief as the Court may deem necessary and just.
COUNTYII
(RETALIATION)
of the Complaint as set forth herein at length.
60. The acts of the Defendants were undertaken in retaliation against Plaintiffs for exercising
their Constitutional and statutory rights, including the right to petition the government for redress
of grievances.
61. Plaintiff George D' Agostino approached the Borough Council to point out the selective
enloreement of the laws against him as opposed to his neighboring property owners. In direct
response to PlaintiffD' Agostino's actions, Defendants retaliated against him.
62. As a direct and proximate result of the retaliation by the Defendants, l)'Agostino has
been and continues to be damaged. including damages to his reputation and emotional distress
damages.
WHEREFORE. Plaintiff George D' Agostino demands judgment against Defendants for
damages, including compensatory and punitive damages, emotional distress damages, attorneys
fees, inlerest and cost of suit and such other and further relief as the Court may deem equitable
and just
COUNT VIII
(TORTIOUS INTEREFERENCE WITH CONTRACTUAL RELATIONS)
63. PlaitltifTs repeat and reallege all of the facts and allegations contained in paragraphs 1-62
of the Complaint as set forth herein allength.
64. The actions of the Defendants, including but not limited to Defendants Doreen Cali.
Vincent Cahill, Carl Puccio, Modesto Miranda, Joseph Accardi and John Docs 1-15, in their
individual capacitics. since January 1. 20 I0 and continuing forward have interfered with
Plaintiffs' contractual relations with their tenants.
65. As a direct and proximate rcsult of the Dcfendants' actions. Plaintiffs have sufTered and
will continue to suffer damagcs.
WHEREFORE. Plaintiffs dcmand judgmenl against Defendants for damages. ineluding
compensatory and punitive damages, allomcys fees. interest and eost of suit and such other and
further relief as the court may deem necessary and just
COUNT IX
(TORTIOUS INTEREFERJ::NCE WITH PROSPECTIVE ECONOMIC GAIN)
66 repeat and reallcge all oCthe facts and allegations contained in paragraphs 1-65
67. Plaintiffs havc had a relationship with the tenants at 293 West Clay Avenue, the Center
lor Family Support. That relationship has resulted in an economic benefit to Plaintiffs.
68, I'laintiITs had a reasonable expectation that the economic benefit they enjoyed through
the relationship with the Center lor Family Support would continue.
69. As a direct and proximate result of the actions of Defendants, including but not limited to
Defendants Doreen Cali. Vincent Cahill, Carl Puccio, Modesto Miranda, Joseph Accardi and
John Does 1-15, in their individual capacities, Plaintiffs' reasonable expectation of their
economic benefit with their tenants has been affected.
70. Plaintiffs have suffered and will continue to suffer damages as a result therefrom.
WHEREFORE, PlaintiJTs demand judgment against Defendants lor damages, including
compensatory and punitive damages, allol11eys fees, interest and cost of suit and such other and
further relief as the court may deem necessary and just.
DEMAND FOR TRIAL BY JURY
Plaintiffs hereby demand trial by jury on all issues so triable pursuant to Rules 1:8-2(b)
and 4:35-1(a).
DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE, that pursuant to rule 4:25-4, William J. Courtney, Esq. 1S
hereby designated as trial counsel for Plaintiff in the above matter.
LAW OFFICES Of WILLIAM J. COURTNEY, L.LC.
Attorney for Plaintiffs
Dated: April 23, 2012
CERTIFICATION PURSUANT TO RULE 4:5-1
I hereby certify that I have no knowledge of any other pending action or proceeding
concerning the subject matter of this action except for the matter of Martino, LLC et. a1. v
D' Agostino, et. a1. filed in the Union County Superior Court under docket number UNN-L-21 03-
10. It is not anticipated at this time that there is any other party who should be joined in this
action.
LAW OFFICES OF WILLIAM J. COURTNEY, L.L.C.
Attorney for Plaintiffs
By:
Courtney ...-
DEMAND FOR I>ISCOVERY OF INSURANCE COVERAGE
Pursuant to 80111, 4:10-2(b), demand is made that Defendant disclose to Plaintiffs
attorney whether there are any insurance agreements or policies tmder which any person or finn
carrying on an insurance business may be liable to satisfy part or all of a judgment which may be
entered in this action or indemnifY or reimburse for payments made to satisfy the judgment and
provide Plaintitl's attorney with true copies of those insurance agreements or policies, including
but not limited to, any and all declaration sheets. This demand shall include and cover not only
primary coverage but also any and all excess, catastrophe, and umbrella policies.
LAW OFHCES OF WILLIAM J. COCRTNEY, L.L.C.
Attorney for PlaintilT
. .
t ' . .
V
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:........ :'
ORDINANC! NO. 1236
.All ORDIllAlIC1! TO PROVIDt !UR Tl!E VACATION OF " MRUON
OF 1\00SllVEL'! Sn::r. llE'rlIEIlf tlEST CLAY AvtNtlE AND TIlE
UlIIGR VAlm WLll.OAD !!CllT OF V"Y IN TEE !OROUGli OF
1\0SllLU AND l\llSllllI'ING TlIll EXISTING IF
A.'l'!, OF t:"TILI!'! COMli'Al/!ES AND THE lIOROUGll OF ROSllUJ! PARK.
BE IT ORDAINED, by the lIaYOT COIInell of the Borough of Roselle Pari<.
that the lollowing described par cion of l\aosevelt Street betweea Clay
Avon"" a1ld the l.ehigh Valley 1ta1lroad t"1ghe af way in the Borough of Roselle
Park be ..,11 the au" is hereby vacated:
L.EGAL DESCl\IPTION
DEGL'rnL'IG at the paint af Incersection of the northerly sluaU:!e of
West Clay Aveoue with the sideline of Roosevelt Street.
Thence (1) Northerly elong the sldelioe of Roosevelt Street
102. n' ftet' plu"'or lIlinus 'tin.pc1Dt" said p<lint being distant ""rtherly
100.00 feet from the northerly sideline of Ilese Clay Avenue measured at
right angles thereto.
Thence (2) Basterly parallel to the northerly sideline at West Clay
and distant northerly 100.00 reet measured at right angle. thereeo,
threugh the Street right-of-way (60.00 in 61.63 feet plus
er minus to a paint in the .asterly sideline of Roosevelt Street.
Thence (3) along the easterly sideline cf Roosevelt Street,
102.71 feet plus or minus te a peint in the northerly .ideline of
Clay Avenue.
'!hence (I.) lIesterly, along the northerly 11n. West Clay Avenue.
61.63 f.et plns or minus tn the point of BECINNINC.
Excepting and teserving, however, from the foregoing vacat10ut
and extinguishment 11 rishts. privilege. and sements, if any, of the
Borough of Roselle park, Public Service Electric &G.s Jersey
Sell Telephone Company, Elirabethtovn Yater Company and Eli.abethtovu Gas Company.
SECTION 1: All ordinances or parts of ordinanres inconsistent Vith the
provisions of this ordinance are hereby repealed.
SECTION 2: This ordinance shall take effect at the eiJlle and in the
r3nner prescrioed by
Introduced: llarth 28, 198.3

Attest:"
aorough Clerk
,
APR 11 1983
Adopted:
BOROUGH CURK
20t ..wul
of Jurk
IN 'fW' CQUII1'l 0< UMIOH
AOSCLU: .UK" """ -".SIY ,.Utl..
JUl1 7, l!183
S. Claus.,
Clauss Stuclio. Inc.,
293 ll. Clay Avenue
iDI.II. Perk, N.J.
-- Dlaar p" .-._ _. __
I!nelo..d It.Troth a a copy of BOTough ordin&.l\ca 11236
which va. U01'tad by MalC: an:! Council on Aprl1 11. '1983.
By virtue of the adopti"" and r.qui....d publication of
this ordioance, you DOlI 0'"' to eb.. dddl.. of thb poniou
of loo......lt Stnet as outlined tIIenin and ".n proceed to
lNM tJ.r<y chaog.. you duite. .
l!l:. PUano baa asked me to rmud 10" that he 1$ still
",,1t1ll5 , ...1,. of the .......t prfl'tiou.ly sene to you
fer your ax8CUtiofl:.
tours v..ry truly
. "
,
'... '. }. ",.
Jesn'[ul1&n
llOToug!l Clerk .
QC,Kayor Iobert zeslanki
. AlfotlSO 10. l'iaallO, Eaq.
jeanne Decker, COU.cto.../T........rar
Kr. P.ul Eadle"
Mr. Donald GuarriaUo
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lIOftOUOH <:U.M
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1M '"" COUNI'f OF UNION
:tcs;u.; 'AU. H.... J'RSil 0311;114
Ju11 7. 1983
M &Mrs. V. DelOTio
301 W. Clay Avocuo
Rosalle Park, N.J.
Dea. Hr. & De!o.io:
herewith is a cavy of lloroUSh ord:l.nauc. '1236
VlIich was adoptsd by Kayar &:ld Councll Oil April 11, 1983.
By 'Yi.1:Ue of ch. adopti01l 4114 pUbl1e.aUon of tbis
ordinance, you nov own t. the "iddl", of 'this portion of
1IDoaave1t Strut u outlined tberdn ad you e.an ptocaed to
Nke any.MollS you dedr
, "

....) ./ )
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/'
Jel. henan
B.,.ulh Clarlr.
!nelosurw
Kayar Robart L. %eglsr.lr.i
CC: Alfonao t. Pisono, Esq.
Jeanne De.k.r, COllector/Treasure.
Hr. Paul !ndler
H. Donald Guarri.llo

< I L " , " I H X : t I

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<JI<IlDWl:E t 1359
Al>l lOa ':.m: Vl'C\'l'1Cfi
OF A P::lRrml CP llCOSE'JE:.T STREET 3E:I.'I'rnl
liEST c:::uCJ. /ivall.;'E AND !.ZllIGH Vl-;azt
RIGlr. OF Ii!\Y IN THE BClIlClJGl OF R:S:LLE PARK
AND AIL E:aST!NG roR A
PEDESI'R!l\N S!\N1'!'1\R7 SEIlER AND lJ"I'IUI"!
CQ\4PllmLS, IF AN'{.
BE rr by tIle Mayer and Ccu.'lcil of t!1e Sor::ugh of
?a..'1<, =ty ot Union, State of Nell Jer:se:y, as ftlllcws:
SFCT:DN !. The E!orouan of Roselle Park has dsteJ:llined that it
is in the best interest of the Bo:ough t.'tat tl1S st:eet hereiJlaf"...er
described boo vacated.
SECTION II. 'lbo sl:..voot kmwn as thlsevelt Street, k:etween west.
Clay Aveme and the Iehigh. Valley Railmad right of way in t.ie Borough
of Roselle Park, as =e par"..icularly descr.J:sd mein, b! am the
same is vacated.
IE..."ClUl'TJ:CN
B..."GIltilNG at the point of intersection of the northerly
sidelino of Cl4y A"""'" "'_t,o, t,,,, tIlOSterly sideli.no
of !1c=eveJ.t Street; therx:a MlIli.ng (1) r="..herly along
t.lte lO!!it:e'rly s.ideli.re of lloosevelt Street. 102.71 feet
plus or nti.."118 to a point, said point l::ein:; distant oortb-
erly 100. 00 feet frcm the northerly sideline of l'I:!st Clay
A"8l1lI& me-.u:ed at right angles &.e..."etO; thetx:e
(2) easterly parallel to the sidel:ir.e of !'est
Clay Avcmue and distant rcrt.iedy 100 .00 feet neasured
at right engl"" the.. ....tc, through tl'le .:t>o!lEl'Jl!lt
right of way 160.00 ft. in widtll) 61.63 feet plus or
lIlL"lls to a point in the eastzly sideline of Foosevelt
Street; tr..mc:2 rJImi."'lg (3) 5OI1therly alan<; the easterly
sideli:1e of Jalse...elt St.."!!et, 102.71 feet plus or :ni=
to a peint in tl!e llOr"' .....erly sidel:"''1S of 19ast Clay A1leT/.le:
thence rmr:i.;g (4) .es"erly, aJ.c:-.q tbe northerly line of
IIllst Clay I'overlLle, ;1.53 :e<>t ?lUll c:: mi.'Y6 ;;0 t.'J.e ,:oint
of BEX:;:rntmIG.
SEC':'ION :I:. The Eo=if,l Cces here.oy resene fran t.ie ftlraqo.ing
vacation. release ant: e."<".i.-.guis.ilreni:., all rights, privilao;es and all
existing' easere.'lts for a 9Edes-..rian sanita::y sewer and utility
ellilllllllts, if MqJ of serv:.ce ElIlC".::ic and Gas I New
Jer!le'J l!el.l 're Canr;:any, El:.:abe1:.'ltOin Wate Catrpany and
Eli%abethtown G.l.s '!he lloro'..lgh <ices re"";:l. the right
to ma.'.ntain, c:paratg, repair and,reJ;llace 'r:i itseli or by any Ucen..ces
or a holder of a f=al'lC.'ti.se !iO\1l'i'he Borough a.'Tj imd all pipes , conduits,
sewers, !Ill!lins, side'H<Uks .. . facility or equ;i.pn:ni:. for the
maint:el'1.al1ce or operation :15. .the aforarentioned :x::w
located in t.>,e sL-eet or a. . . f vacatsd this ordinance.

"
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or operation fer any o{ easements nOW
l.CX.lted i:l =.;,Ii ::r ;l ,?oz:tion thereof vaca:.!'d by this
S!C'7:0N IV. Tha afor!ment,1one:d seeoet v..c:at.d for the reason
tba't the:e is no 1ltlled (or a rcad.way i:'l t."l.e a:oretncnt.ione.d locatio:1,
V. All maintanance and with upkeep
of whatever natura for the of tba iZQlemsn:ioned
shalt of Roa.lle oc
VI. A p.:?eeual ar4 easement is
:,:t t.he: foreqcinq p:t''1mia8:S ':.0 be vac3ead for =;-.e bo!..ne.H c 0: tr-.a 8clrcuqh
of Rosell.: Par.\(. a..r.d P\ll:,li.: t.tilit, CCftlpa.ni>Js
j
as mat be applicable,
for the of and thQ premises to
or rsplace in?'and All utility
.
SECTION This shall take at the tiMe and
!n mann4r by law bu:. no shall take effect
prior to heir.q reec:ded ot the
and to tte St=eet aeinq a &9=eamene
the 3orcu'9h of .Roselle FoU'k aM Cilea. DiIQrio. In the event
said not lM?xcved :y 23 1 1986, this ordinance
be deeoaec!. '" :)ulli ':.1 a.nd 0:: no ot:' effect.
June 9, 1986
AOO!>TEll ,
A'l'l'::S1'
"UN '''.,
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1 heraby .ar:i!, tho foregoing ba a true and
.or=oco copy of an ordinaceo adopted by the
Council at a reaular hald
June 23, 1986.
<. <-j
Ja"nA<een.:",. Borough Clark
I hereey certify the fQregoing to be a
and =cpy of an
by t::"a Ma7:'or and ;::oul\cil ;d'...;..
reqt:l::': m.eetJ..n;o r: ::'d J'.1r.:.:: 22, :92.: .
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3 1 I H I H ' " : E [
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t.P "30
4 1355
AN PROV10UIG fOR THE V;.c.,.7:00
,
REefIV!J 1,,'1<"
"'N'.;'/iOElJ
r .. II,J
JtL i1 it; 24 AH '86
Jli
Of A 01' iIOOS;;'JI.T B!::'WTN "R
ll
". ,''''JUPPJ
'NOS! ;WEMUE AND LEHIGa V"r.r.t'i R.\!I..'IOAD
I\IGllT OF lolA! 1M !lIE llCllooGH Of' ROSELL. PAlll<
ANO R:;SEitVtN(i ALL fOR A
WALJCoIPa't. SAlU1;Jl'! AND
!r ;'N'l.
aE !T ORDA:NOD loy thO Mayor .nd Council o( o! ;;Q.eU"
l?a:J:. Union, Stat'-e of liQ.., as follows:
SEC'l' !.. The iiora..:.qh ot Roselle :?ark has datar=ine<! croat it
is ':he best t.h8 5arouq!'l.that t.he street h<!faina.!tar
dater ibed ..
5:EC':!OK I!. 1'h. St.:'a8't kno'.olr. u iloosev.e:l:: Str t
r
West
Clay Avne\JoiI .tna t:,e Lei'l.iqh valley Railroad :iq!1.t of vay i..'l tl\e 9o:'a.J:;h
of Rosella ?\\rk
J
as: mot. paz'tiC"Jlarly de,sCJ:i,bee he:-ein, be And t:Je
s.me is vacated.
DESCRIPTION
iiEGINNINCi at, the poi.n't of ;int:ersec:ion o! eO! :loz:eh<t.rly
sid.line. of We:J: Clay AvenU4 ",itt. the westerly sidali.:1e
of Rocsevalt St::tt!t: thenc:a noDcing (1) n.orthe::rly along
the: !id!line of Roasavelt. Street 10'2.71 fe-et
olus 01:' minu.s to II coint.. iaid bQinq dis1:ant. lb)%'th-
Uly lOa. 00 the nort.""Ierly .sidelin'!: (If We5-C Cla.y
"""9:1U9 measured a.t. ., thtl:r8to: thence running
i2) eas::erl:t sn-rallel ';0 tl".t. nor:he:l)' sL!eline c:! Wf:5't.
Cl.11 ?...,etn:e ar.d nc"the::ly 100.00 fe'!t measured
at right. anqtas t.'1ertlto. throutin ths RoosllvIlt Street
ot ....y t60.00 ft. i:l width) 61.63 het pl',. er
iUnus ,J, ?Qir.t ift the 4atterly sid.line of R.oosii'VQlt
St::.e"; th"nce running (3) .. rly 410n9 the eesterly
s':'de.li:le of Street, 102.71 feet plus or minu5
':,:) a oo:...t\c in t.;'e side:lin... ft'IS't. eli" Jlvn.'Uei
(4) ."est:er ly, 'lc:t9 the nQrtherly'line of
.Aver.ue., 61.63 :ee': pl'l:.s Qr minus to t.he point.
oi ::::GINNING "
U:. Th. =crcuqh de h.nby rorva frOlll the
v"cation, release ana extinquifh,.'H..'"lt., all right-s l privileqes and III
exist.i:lq: usements fer a pe':astri.m wa:"k",il&::', sanitary lieWlr and u':.ility
if any, of :'\Icli: 5cvice ::lecuoic a,"ld Gu Company I New
Jersey 8IIll Tilepho."le Company, tl:.:abeth-:O'I4n water COI'pi.ny and
Ga.s Company. deln "hereby reuin th
7
ri.:;ht
tG re;a.l% and reil:.4C1; c.y J,,'t.:self OJ; by an lJ.QIiiJUj."
or a holde.' .... franchise ;rom the Borouqn any and: ill pipes, Q)ntuits,
severs, ;t 'i4ewa':k$ or any ot.hc.r ty or eq... ipateft.t tor the

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SECT!ON rv. ':'he aforsrenticr.ed is vacated for t.'" reascn
t..iotere is =-.:0 need for a .L'i. the aforeme:lti.oned location.
S2Cl'ICN V. All :rei.'lter.a.>xe and repair, teg'ethar wit., upkeep
of \IIla:..ver natu...... for t.:'" mtinter.ance of t."" aforementioned
.hall rel111!i.n ;rim th! 3orcu.<;h of Roselle Park or t:lle "",,liCable utilities.
SEC:!CW VI. 1\ ....ual r...ght-of.....ay m:l easerent is rese..""Ved
i'l t.'1e foregoing prenti.ses to be vacate:! for tI-.e renefit of the Borough
0: I1eselle Park and all ;:ublic "tillty as my be app1ic:able,
fer t:".e !ll-"?"se of i.r.gress and egress OVQJ; and upcn tha <:0
::I2i."ltai...." inspect or replace arrj ani all existizlg ut:'lity
facilities.
SCTT..cN VII. T:-us or.ii....... 'lC<l wll take effect et the t1."'" and
in ':-'Je =.ner p:rescril:ed by law i::u..... in no ewnt. shall it take effect
prior to 1::<>..ing recctded in the offices of the Onion Ccu::lty llegistrsr
ani prior to the street being :lnproved pursuant to a certain agreanant
be'l:".-.en t.>'e 3Crcugh of Roselle Pan and Gilda DiIorio. In the !M!nt
that said st...-eet 15 not irtproved by JIlr.e 1, 1986, this ordina.'lCe shall
l:e deemed a nullity and of :lC force or effect.
March 10, 1996
March H, 1986
J\tOE'l'ED::__.:.- _
fl.':TEST:
.,.......-...., ..'
jt., ,.J--"'-' ;t:l....<..._'--,._'-":
.;D.N 3orougf. Clerk
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LAW OFFICES OF WILLIAM J. COURTNEY, LLC

200 Main Street
P.O. Box 112
Flcmington, NJ 08822
(908) 782-5900
Attorneys for Plaintiffs
F I LED
APR 132012
KENNETHJ. GRISP1N. PJ.C>,
: UNION COUNTY
: JAW DIVISION
GEORGE D'AGOSTIJ\O and
RAILROAD INDUSTRIES, LLC
..-=-===-:-_--,---
PLAINTIFF
: DOCKET NO. CNN-L-1903-10
VS
ClVll. ACTION
BOROUGH OF ROSl::LLF PARK
DEFENDANT
: ORDER PERMJTTlNG PLAINTIFFS TO
: FILE AMENDED COMPLAINT
...._---
THIS MATTER. having been brought to the attention of the Court by Plaintiffs George
D' Agostino and Railroad Industries. LLe. by and throUl;h their attorneys. William J. Courtney.
Esq. of the Law Offiees of William J. Courtney. LLC by way of motion for leave to tile an
amended complaint: and Defcndant. having received notice by and through its atlomcys. Ban)'
M. Cappo Esq, of Ansell Grimm & Aaron: and the Court. llaving considered the papers on file
and heard the arguments of counsel; and good cause having becn shown;
IT IS ON THlS 1..3- noAY OF .. (Jjl!k,j ' 2012 ORDERED THAT:
1. Plaintiffs' motion for leave to tile an amended complaint be and hereby is GRANTED in
its entirety.
2.
,
).
Plaintiffs shall rile their Amended Complaint no la'er
A eopy of this Order shall be served on all parties within ;lays.
( ) 9PPosed
( unopposed
._- . .
\(
I::""'jr.:i '-' 1 t' ! "'V
... _.Ii .... ...,,'C.'
,.
LAW OFFICE OF WILLIAM J. COURTNEY, LLC
200 MAIN STREET
P.O. Box 112
(908) 782-5900
RECEIVEDI FILEO
Superior Court of Nw,ersey

CMLCASE MANAGEMENT
UNION COUNTY
GEORGE D'AGOSTINO
PLAINTIFF
: CHANCERY DIVISION
: UNION COUNTY
VS : DOCKET NO. UNN-L-1903-10
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CIVIL ACTIO!' "-''"'17"' r!?G'I
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Representative capacity; VINCENT
JOHN Does 11-15, individually and in
Their representative capadties
DEFENDANT : AMENDED COMPLAINT
Plaintiffs, George D' Agostino and Railroad Industries, LLC, hereby complaining of the
Defendants says::
The Parties
I. At all relevant times, Plaintiff resided at 1589 Ixora Drive, Naples, florida 34102.
Plaintiff George D'Agostino was the owner of the property known as 293 West Clay Avenue
to Plaintiff Railroad Industries LLC in 2010.
.
2. Plaintiff Railroad Industries LLC is a limited liability company organized under the laws
Roselle Park. New Jersey 07204. Railroad Industries LLC is the current owner of Block 308,
Loll located in the Borough of RosclJc Park. New Jersey, which is the subject maller of the
claims in the within litigation. PlaintiffGeorge D' Agostino is the managing member of Railroad
Industries, Inc.
State of New Jersey and has a principle place ofbusiness located al 110 East Westfield Avenue,
capacities.
resident of the State ofNew Jersey. Defendant Cahill is being sued in his individual and
6. Defendant Carl Puceio (hereinafter "Puccio") is, upon information and belief, a resident
of the State of New Jersey. Defendant Puccio is bdng sued in his individual and representative
capacities.
resident of the State ofNew Jersey. Defendant Miranda is being sued in his individual and
8. Defendant Joseph Accardi (hereinafter "Accardi") is, upon inlormation and belief, a
resident of the State of New Jersey. Defendant Accardi is being sued in his individual and
Plaintiffs at this time but are current or past representatives andlor employees of the Borough of
Roselle Park's Departmcnl of Public Works. Defendant John Does 1-5 are being sued in their
Plaintiffs at this time who are current or paSI representatives and/or employees of the Borough of
Roselle Park's Public Works Department. Defendants John Does 6-10 are being sued in their
Plaintiffs at this time who arc current or past representatives and/or employees of the Borough of
General Allegations
12.. In or around January of 1989, Plaintiff purchased the property known as Block 308, Lot I
located in the Borough of Roselle Park, New Jersey from Robert Clauss, whose address at the
time was 7 Manitob Cirele, Scotch Plains, New Jersey. Prior to the purchase of the property. in
or around 1983, the Borough of Roselle Park passed Ordinance No. 1236 (a copy of which is
attached hereto as Exhibit A) which vacated the portion of the roadway known as Roosevelt
Street between West Clay Avenue and the Lehigh Valley Railroad right-ot:way.
13. Shortly thereafter, aud in accordance with the laws of the Slate oCNew Jersey, tille to the
roadway was vested in the owners of the property located on either side of the center line of
Roosevelt Strcet. On or about July 7, 1983. letters were sent by Dcfendant Borough of Rosclle
Park to Mr. Class and Mr. and Mrs. Delorio enclosing a copy ofthe Borough Ordinance No.
1236, which was adopted by the Mayor and Council on April II. 19&3, indicating by virtuc or
adoption and a required publication of said ordinance that they each now oymed to the middle
portion of Roosevclt Street as outlined in the Ordinance and pcrmitled them to proceed to make
any changes they so desire (See Exbibits BaDd q.
14. Borough Ordinance No. 1236 reserved in thc vacalion ofthc roadway, "all rights.
privileges and easements, if any, of the Borough of Roselle Park, Public Service Electric & Gas
Company, Ncw Jersey Bell Telephone Company, Elizabethtown Watcr Company and
Elizabethtown Gas Company" (See Exbibit A). There was no reservation of a pedestrian
walkway in the Ordinance. Howcver. after the Ordinance was adopted, there was apparently
discussions of an casement for a pedestrian right-of-way betwcen Robert Clauss and thc Borough
of Roselle Park (See Exhibit B). Upon inlormatioD and belief, there was never an agreed upon
easement for a pedestrian walkway over thc vacated roadway after Ordinance 1236 was adopted.
15. For reasons unknown, in or around Mareh of 1986, Ordinance No. 1369 was adopted by
the Borough orRoselle Park vacating the same roadway previously vacated by Ordinance No.
1236 in 1983 (See Exhibit 0). Ordinance No. 1369 differed from Ordinance No. 1236 in that it
specifically reserved an casement for a"pedestrian walkway," which was not specifically
reserved in the earlier Ordinance vacating the roadway (See Exhibit 0)..
16. Three months later. in rune of 1986. a third Ordinance 1385 was adopted vacating the
same portion of the same roadway and as was the case with the sccond Ordinance 1369 reserving
from the release '"all rights. privileges and all existing easements for a pedestrian walkway..."
See Exhibit E).
.
t7. Neither of the Ordinances adoptcd in 1986 specify the location of any easements for a
pedestrian walkway over thc vacated roadway and the language of the Ordinances themselves do
not speci fy a location.
18. In or around January of 1989, the property formerly owned by Clauss Studio Inc. was
sold to Plaintiffs.
19. From 1989 up until approximately January 0(2010. Plaintiffs enjoyed full access to its
one-hal f portion of the vacated roadway. Pedestrians. on occasion. crossed ovcr both sides ofthe
located on the northerly portion of the vacatcd roadway. At all times relevant hereto, up until
approximately January 20I0, the tenants of Plaintiffs' property located at Block 308, Lot 1. or
more commonly known as 293 West Clay Avenue, were permitted to park on the side of the
existing structure and on thc vacated roadway.
20. At no time were the tenants of293 West Clay Avenue cver advised by any Borough
official that it would be improper to park in that location and at no time were the tenants ever
threatened with Summons for parking at said location
21. In or around January 2010. a disputc arose between the tenants located at 293 West Clay
Avenue and the business located on the other one-half of the vacated roadway al 30I West Clay
Avenue. That business. Iorio Deli, is upon information and belief operated by Joseph and G\lilda
22. Joseph IXIorio was the Mayor of Roselle Park.
23. In early 2010. Guilda Delorio approached the tenants at 293 West Clay Avenue who
operated the Center for Family Support, a day program for disabled adults.
24. Mrs. Deloria requested that the employees of the Center tor Family Support relocate their
tenants had in the past capitll1ated to Mrs. Delorio's requests to move theirvehie1cs. they advised
Plai!!\HTthat they were uncomfortable having to relocate their vehicles every time Mrs. Delorio
25. In response to Plaintiffs' tenant's requests, Mr. D' Agostino approached Mrs. Delorio and
requested that she not demand that w tenants relocate their vehicles. Mrs. Delorio's responded
by indicating that she would use her influence with her son. the Mayor, to make certain that
tenants could not park on their side of the vacated roadway and that the disabled
26. Shortly after the threat by Mrs. Deloria. PlaintilT, along with the tenants located at 293
West Clay Avenue, encountered a continued course ofharassment and retaliation from the
following:
/\ .. Receipt of notice by the Borough of Roselle Park. indicating thaI the tenants of 293
West Clay Avenue were blocking a sidewalk easement in violation oflhc Borough Ordinances
and then demanding that the activity cease immediately. The Borough also accused George
D' Agostino of misleading the tenants by placing signage on the building falsely indicating that
The tenants. however, had been parking in that area and Mrs. Delorio patrons had also
been parking in that area for several years and no official from the Borough ever indicated that
B. Rcpresentatives of the Roselle Park I'olice departmcnt in their individual and
representativc capacities, Police began showing up at the location and advising Plaintiffs' tenants
that they could nol park in areas where they had previously parked. The tenants were also being
harasscd and threatened with citations and possible arrest if they did not comply with the
demands made by Police Officers from the Borough of Roselle Park. Upon information and
belie!: many of the police officers that showed up on Plaintiffs' property were not dispatched by
lhe Borough of Roselle Park's Police Department and were. upon information and belief. acting
in their individual capacilies under thc color orJaw.
C. Without notice. on or about May 10,2010, employees from thc Department of Public
Works of the Borough of Roscllc Park, aCling in their individual and representative capacities.
cntered upon plainlj IW land without prior consent or approval to paint lines in the parking lot,
indicating a J5 foot wide easemcnt (See Exhibit G). Defendants Vincent Cahill, Doreen Cali .
Modesto Miranda andlor Dcfendants John Does 1-5 and/or John Does II-IS directed said
feet 10 lifteen (15) feet. Representatives ofthe Borough have indicated10 Plaintiffs thaI they
would be returning 10 the property as earl y as Monday May 17, 2010 in order to paint permanent
lincs delineating their claimed 15 loot casement across' Plaintiffs' private property and
prohibiting them or tenants from utilizing same.
D. Upon inlbrmation and belief, Defendants Accardi. Miranda. Cahill, Cali. Puccio and John
Docs 1.15 look actions to deprive Plaintim of the ownership of his property along with the use
and enjoyment of the propcrty. Defendants further acted individually and/or conspired ",ith each
other to interfere with Plaintiffs reasonable expectation of economic gain and contractual
relations with his lenants because they knew, or should have known. that their actions would
have a detrimental effect on Plaintiffs' relationship with his tcnants and PlaintiITs' ability to lease
effected.
1-:. Defendant Doreen Cali, individually and in her representative capacity as Clerk lor the
Borough of Roselle Park. the Borough of Roselle Park along with the other Defendants, in their
individual and representative capacities. acting under the color of State sought to deprive
Plaintiff of his rights including, but not limited to the right afforded to him under the
Plaintiffs right to redress grievances and his rights to due process and equal protection. An
counsel to consider his complaints concerning the violation of his tenants civil rights. When MI'.
O' Agostino sought to address what he believed to be racial based of the employees
of his tenant. he was shut down and was not permitted continue to raise complaints and speak.
Plaintiffs tenant was the Center for family Support (Cl'S). This organization was
concerning racial harassment of CFS, employees andlor representatives of thc Borough Roselle
Park continued to harass the CFS employees and also took actions that would atfect thc clients
of CI'S utilize and access the facilities. Plaintiff attempted to voice his objections about thesc
subscquent actions, but was again not permitted to do so.
As a furlher example of dcfendant' s violation of Plaintiffs rights, plaintiff was
continuously prohibited from addressing his grievances with Roselle I'ark regarding the
F. Upon information and belief, Defendants Doreen Cali, Joseph Accardi and Modesto
Miranda and John Docs 11- \5 allempted to have the tax map of l11e Borough of Roselle Park
ehanged to reflect that the abandoned portion of Roosevelt Street was owned entirely by Guilda
Delorio and that Plaintin's owned no interest in the property. Defendant Cali. specifically.
threatened individuals and ultimately assaulted the Tax Assessor for the Borough of Roselle Park
that Delorio did not own the abandoned roadway and that Plainti IT did. in fact. own one-half of
the roadway. He also indicated to Defendants that their attempts 10 foree him to modify the tax
maps was illegal and that he could not comply with their requests. The harassment orthe Tax
Assessor became so severe that he beeame ill and was forced to retire.
G. During the time lhat Defendants were harassing and retaliating against Plaintiffs. Plaintiff
beeame aware thaI his neighbor Guilda Delorio was not in compliance with a site plan approval
thaI was previously granted to her by Defendant Borough of Roselle Park. When he attempted to
Roselle Park Code Enforcement Ol1iee) he slammed tbe door in Plaintilr s face and refused to
H. Defendant Doreen Cali also misrepresented to Council Members thaI Plaintiff did not
have any interest in the property at issue after she was told by the Tax Assessor and others that
I. Plaintiff was contacted by Paul Endler, the Tax Assessor for the Borough of Roselle Park.
and was informed that the Borough otlieials were attempting to steal his property.
Count I
!Declaratory Jud\!lllentl
27 .Plaintiffs repeat and reallege all of the facts and allegations contained in pamgraphs 1-26
28. Ordinance No. 1236 duly adopted and publicized pursuant to law and vacated the
subject roadway without reservation of any pedestrian walkway on or about April 11, 1983 (See
Exhibit A).
29. As a result actions in entering upon Plaintiffs' property, interfering with
Plaintiffs' use and enjoyment ofthe property and threatening Plaintiffi; and their tenants with
punishment up to and including arrest, Plaintim have suffered and will continue to suffer
irreparable hann. !fthe actions oftbe Defendants are allowed to continue, Plaintiffs' rights under
the New Jersey State Constitution to possess and protect property and enjoy the equal protection
30. Defendants' actions, asserting a defined easement over property, when none
previously eXisted, is the raking of his proper1y without due process oflaw and will result in
ineparable harm to Plaintitfs.
WHEREFORE. Plaintiffs demand jUdgment against the Defendants:
A. Enjoining the Detendants from entering upon the property and
asserting any ownership claims adverse to Plaintitfs
B. Declaring that Detlmdants' claimed 15 foot right-ot:way over
PlaintifIs' property does not exist and that Defendants have no interest in the real property
commonly known as 293 West clay Avenue, Roselle Park, New Jersey.
C. Awarding Plaintiffs aoorneys fees, interest and cost of suit.
D. Such other and furthcr relief as the Court may deem equitable andjus!.

(YigJillLonol' NcWJ9rsey Statl; QonslitutiQ.n)
31. Plainti frs repeat and reallegc all of the facts and allegations contained in paragraphs 1-30
of the Complaint as sct forth herein at length.
32. On or about December 15. 1999. Guilda Delorio, the Owner of the property adjoining
PlaintiJTs, was granted a usc variance by the Defendant Borough to expand her business and
construct a catering hall on her non-confonning lot located at301 West Clay Avenue.
33 Over the objcctions of ['laintiffGeorge D'Agostino, Guilda De Iorio sought and received
pemlission to expand her business which was located in an R-2. Two Family Residential District.
obtained Area/Bulk Variances from curbing requirements in bel' parking area; a reduction in
34. Site Plan Approval and the above variances wcre granted to Guilda De Iorio on the
condition that she complies with the provisions of a specific site plan drafted by Harbor
catering hall without complying with the requirements sct forth in the Harbor Consultants Inc.
site plan.
time at issue.
37. Plaintit1' George D' Agostino requested that Defendant Borough, Joseph Accardi enloree
the site plan requirements upon the Mayor Dclorio's mother but Defendants have refused to do
so.
38. Inslead, Dcfendant Borough, with the aide and assistance of the other Defendants
engaged in a course of retaliation against Plaintiff George O'Agostino, violated his constitutional
and civil rights and sought to take and/or cneumber his property without compensation or due
process oflaw,
39. When Plaintiff George D' Agostino i n q u i r ~ at a Borough Council meeting as to why
Guilda Deloria was permitted to operate her business without the lighting and handicap
intimidatcd PiaintitI D' Agoslino by demanding to know whcre his handicap parking spaces
were. evcn though the Council members knew or should have known that Mr. D'Agostino's
40 During the same time period that Defendant Borough was rcfusiftg to enforce its land usc
and zoning ordinances against the Mayor's mother, Defendant Borough with the aid and
assistance of Defendants began to issue warnings and threatened Plainti t1s with lines and
penalties for alleged violations of the Borough Ordinances that the Defendant Borough had not
41 Plaintiffs were being threatencd and harassed by the Defcndants, Defendants threatened
PlaintifJs with fines and pcnalties for the location of their trash bins. even though they had been
locatcd in the same plaee for years without complaint. Delorio operated the commercial deli
next door to Plaintiffs' rental and did not have a required trash container. Instead, thc Defendant
without charge or complaint. When Plaintiffs brought this matter to the attention of Defendant
Borough, nothing was done and the [)dendant Borough continued to pick up and dispose of the
42. The actions and inactions of Defendants constitute impermissible scleeti ve enforcement
law and violate the equal protcction and due process rights guaranteed to PlaintilTs under the
Constitutions of the United States of America and the State oCNew Jcrscy.
43. As a result oflhe actions and inaction oflhe Defendants. PlaintilTs have sull'ered and will
continue to sufler damages.
44. Defendants' actions have violated Plaintill's' rights under the New Jerscy State
Constitution to acquire, possess and protect property and to the equal protection and due process
orlhe laws in this Slate.
45. As a proximate restilt or the Delcndants' actions, Plaintiffs have been damaged and will
continue to suner damages
WHEREFORE: Plaintiffs demand judgment against Defendants as follows:
I. Enjoining De!endants tram any future acts, actions or activities that would
interfere with PlainlilTs' rights under the Constitution of the State of New Jersey:
2. Awarding Plaintiffs dantages, including compensatory, exemplary. and
punitive damages, statutory penalties, attorneys fees, inlerest, and costs of suit and
other such rcliefthat the court deem equitable and just.
CO-IJNTIU

46. Plaintiffs repeal and rcallege all of the facts and allegations contained in paragraphs 1-45
47. Defcndants' actions, including the actions of Defcndant Cahill in his individual and
in entering upon Plaintiffs' land without permission. constitutes a trespass upon Plaintiffs' land.
48. As a direct and proximate result of the Defendants' trespass, PlainlilTs havc sulIered and
will continue 10 suffer damages,
WHEREFORE, Plaintiffs declare judgment against the Defendants for damages,
including compensatory and punitive damages as well as attorncy's fees, interest and cost of suit
and such other and further reliel' as the Court may deem equitable and just.
('OVNTW
(Taking of Land Wi,QutDue.l'TQCcss
of the Complaint as scI limh hcrein at length,
50, Defendants' actions in asserting an easement over Plaintiffs' land. which did not
previously exist, constitutes a taking without proper process and compensation to the Plaintiffs,
51. As a direct and proximate result of the Defendants' actions, Plaintiffs have suffered and
will continue to suffer damages,
WHEREFORE, Plainlill:S declare jlldgmcnl against the Defendants for damages.
including compensatory and punitive damages as well as attorney's fees, interest and cost of suit
and such other and further relief as the Court may deem equitable and just.
COlJNLV
.. Jerscy.Ci.v\lRights!\ct)
52. I'laintiffs repeal and reallege all of the facts and allegations contained in paragraphs I-51
of the Complaint as set forth herein atlenglh.
53. Defendants' actions in dealing with Plaintiffs from on or about January 1,2010 have
deprived I'laintilTs of substantive due process and equal protection rights and privileges and/or
immunities procured by the Constitution of the Stale orNewJersey and the New Jersey Civil
Rights Aet.
54. Plaintiffs' exercise of those substantive rights, privileges and/or immunities have been
inlerlered with by the Defendants by threats, intimidation and coercion by a person or persons
acting under the color of law.
55. By thc Defcndants' actions. Plaintiffs have been and will continue to be damaged.
WHEREFORE. PlaintifTs demands judgment against the Defendants for:
A. Enjoining Dcfcndants Irom violating Plaintiffs' substantive due process or equal
protection rights, privileges or immunities secured by thc Constitution oflhe Statc of New
Jersey or from interfering or attempting to interfere with Plaintiffs' exercise ofthosc substantive
B. 1'01' damages. induding compensatory and punitive damages;
C. Attorneys fcc'S. intercst and cost ofslli\;
D. lor such other relief as the Coun may deem nceessary and just.
COUNT VI
(PUBLIC POLICy)
56. l a i n l i l T ~ repcat and reallege all ohhe facts and allegations contained in paragraphs )-55
of the Complaint as set I'orth herein at .length.
freedoms and the acts alleged herein arc violate of the Public Policy of the State of New Jersey.
58. As a direct and proximate result of the Defendants' actions. Plaintiffs have suffered and
will continue to suffer damages. including the deprivation of civil liberties.
WHEREfORE. Plaintiffs demand judgment against the Defendants for damages.
including compensatory and punitive damages, attorneys fees, interest and cost of suil and such
other and further reljefas the Court may deem necessary andjusl.
COUNT VII
(RETALIATION)
60. The acls of the Delcndanls were undertaken in retaliation against Plaintiffs for exercising
of grievances.
61. Plainti iTGeorge J)'i\gostino approached the Borough Council to point out the selective
enlbreernent of the laws against him as opposed to his neighboring property owners. In direct
n.'Sponse to PlaintiIT D' i\gostino's actions, De lendants retaliated against him.
62. As a direct and proximate result of the retaliation by the Defendants, D' Agostino has
been and eontinucs to be d m g ~ d including damages to his reputation and cmotional distress
damages.
WHEREFORE. Plaintiff George D' i\gostino demands judgment against Defendants for
damages, including compensatory and punitive damages, emotional distress damages, attorneys
fees, interest and cost of suit and such other and further relief as the Court may deem equitable
and just,
COUNT VIII
(TORTIOUS INTEREFERENCE WITH CONTRACflJAL RELAnONS)
63, Plaintiffs repeat and reallege all of the faels and allegations contained in paragraphs 1-62
of the Complaint as set forth herein atlcnglh,
64. The actions of the Defendants, including but not limited to Defendants Doreen Cali.
Vincent Cahill. Carl Puccio. Modesto Miranda. Joseph Accardi and John Does 1-15, in their
individual capacities. since January 1. 2010 and continuing forward have interfered with
Plaintiffs' contractual relations wilh their tenants.
65. As a direct and proximate result of the Delendants' actions. Plaintiffs have suffered and
will continue to suffer damages.
WHEREFORE, Plaintiffs demand judgment against Defendants for damages. including
compensatory and punitive damages, attolncys lees, interest and cost of suit and such other and
COUNT IX
(TORTIOUS INTEREFERENCE WITH PROSPECTIVE ECONOMIC GAIN)
66 PlaintifTs repeal and reallege al1 of the facts and allegations contained in paragraphs 1-65
of Ihe Complainl as set forth herein at length.
67. Plaintiffs have had a relationship with the tenants at 293 West Clay Avenue, the Center
for Family Suppor!. That relationship has resulted in an economic bene/it to Plaintiffs.
68. I'laimiITs had a reasonable expectation that the economic benefit they enjoyed through
lhc relationship with the Center for Family Support would continue.
69. As a direct and proximate result of the actions of Dcfcndants, including but not limitcd to
Defendants Dorcen Cali. Vincent Cahill, Carl Puccio. Modesto Miranda. Joseph Accardi and
John Does 1-15. in their individual capacities, PlaintilTs' reasonable expcctation oflheir
70. I'laintilTs have suffered and will continuc to su.lTer damages as a result therefrom.
WHEREFORE, PlaintilTs demand judgment against Defendants lor damages, including
compensatory and punitive damages, attorneys fees. intcrcst and cost of suit and such other and
and 4:35-1(0).
DESIGNATION OF TRIAL COUNSF.L
PLEASE TAKE NOTICE, tbat pursuant to rule 4:25-4, William J. Courtney, Esq. is
Attorney lor Plaintiffs
CERTIFICATION PURSUANT TO RUl.E 4:5-1
[ hereby certify that I have no knowledge of any other pending action or proceeding
concerning the subject matter of this action except for the matter of Martino, LLC et. al. v
DAgostino. e1. al. tiled in the Union Coumy Superior Court under docket number UNN-L-21 03-
action.
LAWOFFICES OF WILLIAM J. COURTNEY, L.L.c.
Attorney lor Plaintifls
By:
, / .......-=

DEMAND FOR mSCOVERY OF INSURANCE COVERAGE
Pursuant to IS)!!!; 4: 10-2(b), demand is made tim Defendant disclose [0 Plaintiffs
attorney whether there are any insurance agreements or policics under which any person or linn
carrying on an insurance business may bc liable to satisfy part or all of a judgmcnt which may bc
cntercd in this action or indemnify or rcimburse for paymcnts made to satisfy the judgmcnt and
provide Plaintitl's attorney with true copies of those insurance agreements or policies. including
LAWOFFICES OF WILLIAM J. COURTNEY, L.L.C.
Attorney for Plaintiff
Oatcd: April 23, 2012

::rnJ. courtn
.... ._. '.;. ..., . - . - 7 - - - - - - - ~ ~ .... _._ .. ,.
EXHIBIT A
..
..
....... .
O1IllI1WlCl 110. 1136
All ORDt.'WlCl! TO PReVlDE JIll! = VACATION C'l A Mll.'f!On
OF 10llSEV!L'1' S':L'T: llt1:llEE1I liEst CU"l AVElllJt AIlII t1IE
UllIGB VA:.W WUOAll tIClIt' OF SlAY III 'mE OF
ReSEW F.utl AIlD lll!S!i'1!lIG 1lIE tns:J:]II(; IT
.I!I"l. OF U'ULII'! C1lIlPAllUS AIlD TIlE BOROOOIl OF ROSXUJt pux.
n: n OlUlAmn. by tba lla)'OT a:d C4nmcl.l of tho Iloroulb of RDs..u. Pack.
tlllt the following dascribed pottiO: of 100se",,1.' Street b."...a lJest CIa,
.......... &1ld tha l.ah11h Vallay right at ,,"y in the of 1o_11e
lark be a:,d tbe ._ hen"" "aenad:
LEGAL DESCllIPTION
JEGL"llIL'tG at tbe pOint of intersection of tl:e northnly of
\kit Clay A""nlll! nth the ..sterly .iddina of lloosevelt Streat.
thanc. (1) Northerly aloal the ..''''terly 010.110.. of loo""lt s.,eet
l02.n"f."t'plu."or nnes'til-" point .....aid poillt bainl distant llllrtherly
lOO.OO f.et fr.. the aortherly sid.lio. of lIest Clay Avenue OKura" at
rial:t angla. th...to.
thence (2) paullel to tM 1IOrtb..rly sidalin. of west Clay
A'ftnue aud distant narclwtly 100.00 feet D!&$u..r-d at riaht aa.&les therec".
through the aoov.lt 5tre.t right-of-way (60.00 in width) 61.63 fe.t plos
or Ilin1J.8 to paint in the at.rly sidAlline at loosevelt St:e.t.
:rhoaea (3) So1.:tho.ly alona the a.s...l,. sideline ..,.,......It S....t,
102.71 fur plus or lIinos to a poi"t :In the !IOrth.dy slolelUlo ot Ilest
CIa,. Avenua.
The1l<:e (4) IIesterl" alooa the llOrtharl,. 11". of w.o. Clay Ave1l.....
61.63 feot p1... 0" Ilinu. to tha paint ot BECIIlR1llC.
lad r froll 'toM foraSOinl v.cation, "'tela...
aUG extiaauiahmeDt, all tllkt pT1v1ll.es and easements. if any. of the
Jerol1g!: of .....11. pa"k. Publie see"iu Elact:ic & G,o. Coopsn\" !lev Joruy
B..oll Talepbooo Company. Elizabethtown l.'...r Colllllany and U:.ub&thtava G4s ColllllUlJl.
SliC'!1QB 1: All or parts of ordinance. inconsistent 91th the
proVisions of, this ordinance sre hereby rapealed.
SECTION 2: Thi. o:dinanca shall taka effect at the anA in the
ptescrloed by law.
Introduced: llarch 28. 198J

Attest: ..
APR 11 1983
}.olopred:
aoftOUOKCURK
lIOt .1IA_
n Jurh
IN TWI a:lII"" 0" \JMION
IIQSCL.U ... JAm "nG4
July 7, 1983
!II!. IIDbert S. eJ.&u-a. P_idalt
Clawt Stud1" t Inc. t
293 V. Clay lVtaut
Ion:u. Ptfk. II.J.
- -lit lir-:-C1'"".'- ....-.----
!nelod ulevieh ia eo." 10..,,".11 ordb\ue. 11236
..!I1eh .... &dopl:td 117 !layer ..... Council "" Apl'U U. '1983.
By ..1re.t of the ldoptioo and pUbl1eat1oa of
rbi, orclicaaee., 'ftl",.,. _ to Cha a-14dlt of thh pOrt1011
of lIDoanel.t Stl:n. u ""t1it1e' _1. aad <:.111\ to
... tIIy ohaaaee 70" duira. .
M1: :r.s_ baa ukl<! .. to rlll:l.lld yea tIl8t Ilt is t.111
vdt.iaS tao.f.'" of Cha __1: pr..,._ly ....t to 1""
far )"oil.1: ax.cut1GD.
Taurs ..ary truly,
I" -, .-
...... . .... ,. '" ,' .
J......_.
Bcs" Clark
lobtrt Zq1auld.
Ufollla I.. P1Pllo. Itq.
,l'Ull1lt llec:Rr. Collector/'I'tuau.."
Ifr. Pau.l. lD<Iler
If:. Dould 1lurr1I11o
r' ".
"""'.
. .
. .
.. . .
. .- .. ."--=._"-". .
EXHIBIT C
WOKaUOH Q"IM.
2O' .
\
...
uf lL:rlt
IN 11&' 'DUNn 05i 'JIlIlOH
:aOSQ.l,i 'aRIC" 71" ....iB.\' mU
July 7. 1983
111.'. & II... 11. DlloTio
301 lI. Clay AVlltlUl
PaTK. N.J.
Dear Hr. & Hr.... lleIorio:
ix:lo..d huovttb 10 of Iol'GUlb ord-. 11236
WlIicll Wal adopted hyllayor cd OIl April 11, 1983.
'81 'Yirtue thl Al\d pUbl1!O&Uon of tbu
.",din&ft, you .o.. 0Wll tc till 1I1ddl. of tau portion of
Jaooavelt Strut u outlined t!lerdll ad you C1ll procud ro
make .", ,cbu,". you
"
'fouzo. ""ty
;,./ )
" /h ... , , I\,tt' .. "" ..... ,...4
Jle. x.-
Ior"",b Clark
!nclDourw
!layer Ivbut L. %elllnk1
CC: ill....o t. 11011110, 2.q.
J..lI1l1 Doktr. C:Ol1et:orIneaaunr
Mr. Paul lIndlcr
lk. DOllald Gll&ftiaUo
..;..::.;...,.
EXHI "TD
.... y:--
,..
........
<JRDJ:!C\!g f 1369
AN 0RtlIlWa l'O1l ':BE Vl'Oaltfi
OE' A l'ORrIQ1 c:'
l;EST r:uJ. AVJlNl.;"l: l\NIl !Z!l!Gl w..r::zt
RIGlr. CE W IN THE IlClR:lJ2 OF R3W!: l'AllK
AND AIL !l'.:;EHm'S roa A
SBlO. 10 u'l'IU!'!
CCMPllNIES, IF ilN'l.
BE !T by tlle Majicr and Colncil Qf to'- llclr.:ugh Qf ltl!l!lle
?!1-'1<, Of Ulrllln, Sto.te Qf Jersey, as follCl"'S:
SEX:r.J:JN !. Boro.lail of Roselle POJ:k has c!steJ::1ti.ned that it
is ill the l:est interest Qf the eo:ougn t.iat the street hereinafter
&!sc:riked bo w=te<i.
SECI'!OO U. '!na st:wet mx. as oeosevelt SI:reet., West
Clay A'll!!'Ile I!rld the !.ehigh Valley Rai1.mad right. of way in tlle
Qf !bleUe Park, as = par'"..iclIlarly desc:rii::ed Im:ein, te ani the
_ is vaca.tsd.
u:GlL IJ!SC!UPrlCN
at tile ;;Cint of :Intersection of the IlCrtherly
s1<lelinoo of _ c:J.a: A"""'" wit., t.ie ...-terly
of St:n!et; l:hencs %CIIll1lll; (1) mr'"Jl8r1y a.l.on;
t.'le lIl!llm1y s1.QeJ.W of Rlc:slMlt StrMt lO2 0 71 fl!et
plua or mi."UI tel a point, aaid point !:em; cl1st:ant: rrth-
erly 100 0 00 feet. !:all tAe llCr1:l'.erly siIlelb at Clay
A1ll!tIle at right anqles t.heteto; ':beIx:e rIIIIl1i.rq
(2) easterly paral1e1 to tile IlCrtlzrly sid!lir.e of West:
Clay Awnue and di=t ncrtherly 100,00 8t lI1!uurwi
at right lUlq1eol tl:e.. ...tc, t!lI:cI:Igh tile 3oeeegelt
right oct WilY 160.00 1.'1 w:idthl 61.63 feet plus or
1:0 a poir.t. it: the aastEly sid&l1na of llOoeevelt
Stteat; tl".8lX2 r=4'1Sl" (31 =ierly a].Qng t.'1e e.astarly
sideline of Ja:lse'Jelt St...-eet, 102.71 feet plus or
to a point 1n t.1Jil of 1Iest Clay Avenle;
the.'1Ce r.r.ni."lC)' (4) ,,",s<:erly, ak::q tile D:lrJlerly line of
\4lst Clay 11._, 53 :=t. ?lWl <;; :llimIe to ':.'le :;oint
of llBl:I:llmlG.
SEC':""..oN ::C:o The Eo=if.1 Cae! herlOby ra_ f:cm tlle onqcinq
vaeaticl, mlease an:! e:d:'::guiCraItt, all righ.:s, privileges ani all
e:<ist:inq for a ..,as.... ..rian wa1.1tway, sanitary l!l!WI!r and utility
.-ts, if <Jrri, ef .. serv'..ce nec:-_-i" m:I Gas New
Jer:9ll1'J Eel: C::I1E:lIIlY' Wate:" all!.
Ellube':htown G.l5 'Ihe. 1l!:Iro"..I d..'"eS '",,""by the riqht
tel mintain, mpair and.;l:llplace by it:leli or by any
or a holder of a f:'anc.'ti.!IE! Borough a.'l':I m:l all pipes. condu.itli,
118ins, si.dewa.i.kl . facillt:'j or the
mintl!n.ar:ce cr e;:eraticn .tbe a!orslemiC'lllld IlCW
located in lo.'le st.."e9t or a. f vecatsl ':Jy thi.s ordi.nonc:e,

'S-e :!.>"

"
W::Iur.ar,ce or 0geratiOrt fez: any ot easement.a now
::.ae.ltld 1:0. % ;l ;?o.rtiotl tn-rllo{ '1&c:a-:.t'C! !:ly t.nis o:'d:'Mr.::e.
s'tC-:o::on rv. The atotBmentionllld S'C.:Mt vi,ca-cl'd for the :,.SOI1
there: is no na.e foz: a. rcadw4y i:l t."te a!orementi01\ed. lOC:I'tJ.on.
v. All and
of vh4teVeI na.t'url for th81 at tbe lfcraman:icftld
shAll :m4in the of Ros.ll. 'a=k tbe .?pllcahle
VI. ar.Q .... is reserved
i::\ the. foreq:cinq p%I!!JDues ::) be vac!.t.!d for =r.e bane.H: o! tr.a !crouqh
of a4seUe Park u:d all pu.bliC' ccnpa,ni.. s j as lIl.a? be applic:.able.
torch. '"1J1"pc.... of anc!. alit:: ..rJ'1 upon th. premises '1:.0
_.. - _. uinu,in.. insFeC:1 or npllce ICY" tnd. 411 sxi.st.in9 util:"ty
floCili:ias.
!::CT!Oll '1"'11. Thi9 Q:!.'dinaACl!I ,hall taxa IH.c;; il.t t;,e tim. And.
.1n 1:.'-: 111.111.11.%' by la:w 01:. in no 'iv.n::, a."'l.all it take ,ihet.
prl,al" t:Q :eir.q :tcc=e4 i:l the U'n!'On COU!l.'t:'1 st..;i.-'t%&:
and FJ,;r :0 tl1e l:leinCJ tc i.
bttwe.en the rUk; anci Cilda. OiIQr10. In tho eVent
t..'at; sai.d S::U.t. is not. !::y 198:6, this ordinance sn.l1.
a rNlll ';,1 and 0.: no QJ: effect..
!lrrlIIlCU:!:ll: June g, 1986
.Illotn:o.
'jU" - .M,'
!
,(i
A'ms1':

--
Jaan aenan. BOrough Cllrk
! o."".l>y tn" fa"a8Ci08 1>... t'tua .nd
OOr.lot 00P:' of O. ord1Aaa<o""tool by the
Council .( a resu1ar tII1tins held
Juot 23. 1986.
(\ .Y.,. )
'-
I hersey the fore90inq be &
=opy of an
adcopt8Q by t..:".e :0130::'0: and ::ounc:il .,':-.....
rSq1:.1!.:' meetJ.n:;- h ,,:'d JJ.1r.i;; 2Z, 132.:.

.J$JIL0{:' ....
. . ;,a'.:..:..E :.
JEIIlI &i!lWl. .lcr""9h C:..r:<
',r
...:iIt'...:..
... ... - --- .. '., .. _. - .---" .. _--_..
IBITE
RECE/YC l. R;;
uINr!. N,J
Jw. il If; AH '86
AJ(}PPI
REGISTER
01'0!"AAMCt 8,
t.t< 30
AN PROVIO:U::; roJ. T14t VACA-:-:G1
or A P0lI1:Ot' Gt zr:;tt't
WESt cur AND VAt.tr:l R.\!tJ\O.'oO
IUGlIT at 1<1.1 :. '!'lIE !CRQUGH or ROUI.Lt
iU!'DVIWG ALL fOR. A
W1&L2CfA"t. st"..n:a AND lJ'rlr..r:y
!r
..
&u.1:,
!T ORDA:= lly )l&yo: ;nd Council o! c! 1....11"
Cwr.:y IJniCR, of *loI' Jlr.s4l}', a.s follows:
SEC7:OtZ!. &crcu4b of to.IS detar:aineei thlt it
is the best i.."\-;e.ru.t 5oIOU'q"!l.that t:" stru-:.
dasc::ibed vac&t:.l.
EC':'!0lf I'!. Tht straet. b\c\oIn II Su..t. n Wut
Cay t.ehiqh V41le.y Rail-road of vay i.., t.l\tI lo::CJ;h
of Resell. as 110:. ,pct.':'cJl.rly duo::ibte':. fte:-ein, &n4 e:'l.'
,.me i$ vacatea.
DE!CBIPT1ON
iiEGIlmING a;. of of 1:b.
sid.line of Clay .. with tn. .....te.tly
of Aocsevelt: C.lM'DQI nac1nq n.J aa:t.herly Alec;
tA- waR.lI:ly !.id!l1ne of !trset 104..71 tee't
clu! QJ:' aU.DUa tQ I point.. add c!1s'tan1:. M%t.lt-
100.00 e'oet trail t:.ba dde1ine af We_to Clay
i.r.CJlQs CblE'ltol chePC" %\Inning
(21 ?&riitllel to t;r.. nor:.huly sit.liM c! tle't.
c:l.1:r AlIe:tue a.r.d aocthe!'lY 100.00 teee meAsured
at r1gb": 3.D1i1.IJ. the lacsevelt
of .... y ft. wiclthl 61.63 het pl o.
'iOiinu5 to & it t.hutedy sideli.a6 at.. locS6Vllt:
thence :uor.in<l (3) _thady alcn9 tl\e ...terly
s.:.d..:in.. of. St:aet, l02e 71 t t plus 12' .i.nUs
i. .?oint: in t..,..,. sid.Ur.. Wt. Clay Avu\1e7
::-.:.n.r.inq (41 weST;.er,ly, 'the nc:ehel:.ly line of
61. 63 pl'IU 0:' IJinus b tne point.
o! ltG:lINING ..
a:. Th. 3o,cuqt de horebY eL..... f,om the fe,.qe,l'4
Y&C.1t:i,gn, releu:e .na ex-:.inq\J.i ....."e. &11 rii::t.f, pzi'lileqes and III
tJC.i"ti.nq: eAsement! fo: a peQ.It:i.ln san1':.Ily SIl"".%' and 'lIt.iHty
aase..nta, 1: any, oi ?IIclio: ai1i liu CC3pt.ny,
Jersey IIU '1'llepbo."1. Water CCI&p&1lY and
.. CcrrpanYe -e:._ QcJ:ou;:h tjoes blr.by reuin tbs f1;l\t
t:lJ npux &nd RrLu:1 Dy ieael.! 01:' ...0 llc*nse.
cr .. ft:&RC:u.se frOil t..'1. IOrcnaqh arti and aU pipes. COMuits,
SINU,. f OC &:Iy c-:hez OJ:' for the

/'
//
.....
:r'3.qe-..:
, ..
Sil:!":!:CN N. aforamenticr..ed = is for 1::...
':.':.ac t."'Iere is :"D ne!!d for a r--...lJCway i..., the afore.n:e.."1t.i.oned loc2t:ion.
SECl'ICN V. All :l2i:ll:er.ancs iU1d rsp>ir, to<]ather wit.'1 "I?i<eBp
of I;f\ate..er natun for t:-.e mai.n1:.enance of 1:. .. =nlI8:Itioned easenents
shall :enain with the 8:>=<;;1: of !melle Pnk or \:he o;l!'liaallle utilities.
VI. Il. l"'r:'..at:Ja1 r:.,;n:-of.....ay mi easemont is rese..""ved
i":. 1:.'".8 to I:e vacated !c>r ttel:iel1efit of tj,.e llCr:;u;h
ci Ilcoelle Park and all as IIIllY I:e
for !U-'"iX'ge of :in;ress ..." "9'=ess 0VIlr ani "I?Cn tha tc
:">ai."ltaill, Or replace arrt ani all existing utility
facilities..
s<x:l'!Of VI:. 'l'his or:Ii.""''!C6 eIlall t:alce etfed: et the t1m!l ..."
i.... ':.. .. = pnosc:ri:::ed bY !AlIl::ut, ill no ."OIlrIt.. 8M.ll it take
prior to 1:e.ing N<:Cr.led 1.... t."" office. of the Won Ca.J:lty ::1e9illtnr
and prior to tile $l:reet l:eitYa" lnproveC. 1'Ul:suanf:. to a certain aqreElIent
!:et:lllS" the 3erC\llJh of Roselle Pm and Gilda DiIgr;..o. In the O!I>!nt
&.at said st..-eet i.5 not: .ir.'prma:l by Jur,e 1, 1986. this otdina."lCe sltA.U
l:e c!eened a rulliq 3ild of :J:l terce or effect.
ill1'!'C=, ...rch 10, 1996
Marc!:\ 24. 1996
l\l:X)T.:D,. _
rcrtsT:
./--., ...' ,
tt:u--'-
ClerJi
".;\.
(L
EXHIBITF
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--, CIC ,
... tr'." til ....
,............,.,.--
'V
. PROGRESS
tilIt..
_...- _....
......'tSb,.. W
........"fltAne=:
cw...._
....__...

1....- .._ .......
_
Mlo" ....., __
.......1
, $
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, ,.
".
...
ioIIoo_
......--
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_111-
-1'I05l"""'"
Lo........
QIII-
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71 $ 111'"
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.
E X H I I T ~
.. .
-.'
LAWOFFICES OF WILLIAM J. COURTNEY. LLC
200 Main Street
P.O. Box 112
rlcmington. NJ 08822
(908) 782-5900
for Plaimiffs
FI LE 0
APR 132012
KENNETHJ. GRISP1N, PJ.Ct
---....._..-.,-,--...,------
GEORGE l)'AGOSTIJ\O and
RAILROAD INDUSTRIES, LLC
PLAINTIFF
VS
BOROUGH OF ROSl:LLF PARK
DI:'FENDANT
: SUPERIOR COURT OF NEW JI::RSfo:Y
; UNION COUNTY
: LAW DIVISION
: DOCKET :-l0. CNN-L-1903-IO
eMl. ACTION
: ORDER PERMITTING PLAINTIFFS TO
: ,'ILt AMeNDED COMPLAINT
THIS MAITER. having been brought 10 the allention of the Court h)' Plaintiffs George
D' Agostino and Railroad Industries. LLC. by and through their allurneys. William J. Courtney.
I:sq, of rhe LawOffices of William J. Courtney. LLC by way of motion for leave to tile an
amended complaint: and Defcndant. having received notice by and through its altomeys. Han)"
M. Cappo Esq. of Ansell Grimlll & Aaron; lll1d the Court, having considered the papers on 11k
and heard the arguments of cOIlnsel; and good cause having been shown;
IT 15 ON THIS K YOF. __'2012 ORDt::RJ::D THAT:
I. Plaintiffs' mOI:oo for kaye to tile an amended complaint be and hereby is GRANTED in
its entirety.
1.
.
).
Plaintiffs shall file their Amended ComplaIn! no lalllT l!>en
Acopy of this Order shall be served on all parties within 2ays.
( ) '3!'P0scd
( )'\lI1opposed

,:, C?:iSr-'IN. P.,LCv.
LAWOFFICE OF WILLIAM J. COURlNEY, LLC
200 MAIN STREET
P.O. Box 112
(908) 782-5900
RECEIVED I F!LEI)
Superior Court <:A N." ,ijrsey

CML CASE MANAGEMEIfT
UNION COUN1Y
GEORGE D' AGOSTINO
PLAINTIFF
: SUPERIORCOURT OF NEW JERSEY
: CHANCERY DiVISION
: UNION COUNTY
VS : DOCKETNO,UNN-L1903IO
..

f"'l":7 '. I.:::.,' Ii;

!;

,
; 'I
AP':l '( "I 2Ul2
,..-.... nr;Jr'\
1., ':' "... ':,:jj.j.- \ 1
CIVIL ACTIO! , THE BOROUGH OF ROSELLE PARK
JOHN DOES 610. individually and in
JOHN Does 11-15. individually and in
DEFENDANT : AMENDED COMPLAINT -
Plaintiffs, George o'Agostino and Railroad Industries, LLC, hereby complaining of the
Defendants says::
The Parties
I. At all televant times, Plaintiff resided at 1589 !xora Drive, Naples, Florida 34102.
Plaintiff George 0' Agostino was the owner of the property known as 293 West Clay Avenue
Lot I located in the Borough of Roselle Park. New Jersey, which is the subject matter of the
claims in the within litigation. PlaintiffGeorge D' Agostino is the managing member of Railroad
Industries, loc.
Slate ofNew Jersey and has a principle place ofbusiness located at 110 East Westfield Avenue,
4. Defendant Doreen Cali (hereinafter "Cali") is, upon inronnation and belief, a resident of
capacities.
resident of the Stale ofNew Jersey. Defendant Cahill is being sued in his individual and
oftbe Slate of New Jersey. Defendant Puccio is bl.'ing sued in his individual and representative
capacities.
residem of the Slate ofNew Jersey. Defendant Miranda is being sued in his individual and
8. Defendant Joseph Accardi (hereinafter "Accardi") is. upon inlonnation and belief. a
resident of the Slalc of New Jersey. Defendant Accardi is being sued in his individual and
9. Defendants John Docs 15 are fictitious persons whose identities are unknown to
Plaintiffs at this time but are current or past representatives and/or employees of the Borough of
Roselle Park's Department of Public Works. Defendant John Does 1-5 arc being sued in their
10. Defendants John Does 6-10 are fictitious persons whose identities arc unknown to
Plaintiffs at this time who are current or past representatives andlor employees of the Borough of
II. Defendants John Docs 1115 are fictitious persons whose identities arc unknown to
PlaintifTs at this time who are current or past representatives andlor employees of the Borough of
General Allegations
12.. In or around January of 1989. Plaintiff purchased the property known as Block 308, Lot 1
located in the Borough of Roselle Park. New Jersey from Robert Clauss, whose address at the
time was 7 Manitob Circle, Scotch Plains, New Jersey. l)rior to the purchase of the property. in
or around 1983, the Borough of Roselle Park passed Ordinance No. 1236 (a copy of which is
13. Shortly thereafter, and in accordance with the laws of the Slate of New Jersey, tille to the
roadWlly was vested in the owners of the property located on either side of the center line of
Roosevelt Strcct. On or about July 7. 1983. letters wcre sent by Dcfcndant Borough of Roselle
Park to Mr. Class and Mr. and Mrs. Dclorio enclosing a coPy ofthe Borough Ordinance No.
1236. which was adopted by Lhe Mayor and Council on April 11. 1983, indicating by virtuc of
adoption and a required publication of said ordinancc that they each now owncd to the middle
portion of Roosevelt Slreet as outlined in the Ordinance and permitted them to procecd to make
any changes they so desire (See Exhibits Band C).
14. Borough Ordinancc No. 1236 reserved in tltc vacation of tlte roadway, "all rights.
privileges and easemcnts, if any. of the Borough of Roselle Park. Public Scrvice Electric & Gas
Company, New Jersey Bell Telephone Company. Elizabetlttown Water Company and
Elizabethtown Gas Company" (See Exhibit A). There was 110 reservation of a pedesTrian
walkway in the Ordinance. Howcver. after the Ordinance was adopted, there was apparently
discussions of an casement for a pedestrian right-of-way betwccn Robert Clauss and the Borough
of Roselle Park (See Exhibit B). Upon inlbrmation and belief, therc was nevcr an agreed upon
easement for a pedestrian walkway over the vacated roadway after Ordinance 1236 was adopted.
15. For reasons unknown, in or around Mareh of 1986. Ordinancc No. 1369 was adopted by
the Borough of Roselle Park vacating the same roadway previously vacated by Ordinance No.
1236 in 1983 (See Exhibit 0). Ordinance No. 1369 differed from Ordinancc No. 1236 in that [t
specifically reserved an easement for a "pedestrian \\alkway," which was not specifically
16. Three months later, in Iune of 1986. a third Ordinance 13&5 was adopled vacating the
same portion of the same roadway and as was lhe ease wilh the second Ordinance 1369 reserving
from the release "all rights. privileges and all existing easements for a pedestrian walkway..."
See Exhibit E).
nol speci fy a location.
18. [n or around January of 1989, the property formerly owned by Clauss Studio Inc. was
sold to Plaintiffs.
19. From 1989 up until approximately January 01'201 O. Plaintiffs el\joyed full aceess to its
one-half portion of the vacated roadway. Pedestrians. on occasion. crossed over both sides ofthe
located on the northerly portion of the vacated roadway. At all times relevant hereto, up until
approximately January 20I0, the tenants of Plaintiffs' property located at Block 308, Lot 1. or
more commonly known as 293 West Clay Avenue. were pennincd to park on the side of the
20. At no time were the tenants 01'293 West Clay Avenue ever advised by any Borough
21. In or around January 2010. a dispute arose between the tenants located at 293 West Clay
Avenue and the business located on the other one-half of the vacated roadway at 30I West Clay
l\venue. That business. Iorio Deli. is upon information and belief operated by Joseph and Guilda
22. Joseph Th:lorio was the Mayor of Roselle Park.
operated the Center for Family Support. a day program for disabled adults.
24. Mrs. Delorio requested lhal the employees of the Center lor Family Support relocate their
automobiles so that she could use their parking spaccs for patrons at her facility. Although the
tenants had in the past capitulated to Mrs. Delorio' 5 requests to move their vehicles, they advised
J'laim.iiTthat they wcre uncomfortable having to relocate their vehicles evcry time Mrs. Delorio
25. In response to Plaintiffs' tenant's requeslS, Mr. D'Agostino approached Mrs. Delorio and
requested that shc not demand thatms tenanlS reloeale their vehicles. Mrs. Delorio's responded
by indicating that she would use her influence wilh her son. the Mayor, to make certain that
PhrinliJf', tenants could not park on their side of the vacated roadway and lhat the disabled
clients of the Center for Family Support would not be able to utilize the roadway to gel on and
offbuses to attend their day program.
26. Shortly after the threat by Mrs. Delorio, Plaintilt along with the tenants located at 293
West Clay Avenue, encountered a continued course of harassment and retaliation from the
Borough of Rosene Park. This harassment and retaliation included but is not limited to the
following:
A.. Receipt of notice by the Borough of Roselle Park. indicating thaI the tenants of 293
West Clay Avenue were blocking a sidewalk easement in violalion of the Borough Ordinances
and then demanding that the activilY cease immediately. The Borough also accused George
D'Agostino or misleading the tenants by placing signage on the building falsely indicating lhat
The tenants, however, had been parking in that area and Mrs. Delorio patrons had also
been parking in thaI area for several years and no official from the Borough ever indicated that
B. Representatives of the Roselle Park Police department, in their individual and
representative capacities, Police began showing up at the location and advising Plaintiffs' tenants
that they could not park in areas where they had previously parked. The tenants were also being
belic!: many of the police officers that showed up on Plaintiffs' properly were not dispatched by
the Borough ofRosellc Park's Police Department and were. upon information and belief. acting
in their individual capacities under the color of law.
C. Without notice. on or about May 10,2010, employees from the Department of Public
Works ortbe Borough of Roselle Park, acting in their individual and representative capacities.
entered upon land without prior consent or approval to paint lines in the parking lot,
indicating a J5 foot wide casement (See Exhibit G). Defendants Vincent Cahill, Doreen Cali .
Modesto Miranda andlor Defendants John Does 1-5 andlor John Does II-IS directed said
feel to fifteen (15) feet Representatives ofthe Borough have indicated to Plaintiffs that they
would be returning to the property as early as Monday May 17, 2010 in order to paint pennanent
lines delineating their claimed 15 toot casement across Plaintiffs' private property and
prohibiting them or /lis tenants from utilizing same.
D. Upon inlormation and belief. Defendants Miranda, Cahill, CalL Puccio and John
Docs 1.15 look actions to deprive Plaintiff., of the ownership of his property along with the use
and enjoyment of the property. Defendants further acted individually andlorconspircd with each
other to interfere with Plaintiffs reasonable expectalion of economic gain and contractual
relations with his tenants because they knew, or should have known. that their actions would
effected.
E. Defendant Doreen Cali, individually and in her representative capacity as Clerk for the
Borough of Roselle Park. the Borough of Roselle Park along with the other Defendants, in their
individual and representative capacities. acting under the color of State sought to deprive
Plaintiff of his rights including, but not limited to the right atJordcd to him under the
counsclto consider his complaints concerning the viOlation of his tenants civil rights. When Mr.
D' Agostino sought to address what he believed to be racial based of the employees
Plaintiffs tenant was the Center for family Support (CFS). This organization was
concerning racial harassment ofCFS, employees andlorrepresentatives of the Borough Roselle
of CI'S utilize and access the facilities. Plaintiff attempted to voice his objections about these
As a further example of defendant's violation of Plaintiff's rights, plaintiff was
continuously prohibited from addressing his grievances with Roselle Park regarding the
j'laimiffs' disparate treatment and his claims of civil rights violations and the improper and
F. Upon infonnation and belief, Defendants Doreen Cali, Joseph Accardi and Modesto
Miranda and John Docs 11- \ 5 attempted to have the tax map of the Borough of Roselle Park
changed to reflect that the abandoned portion of Roosevelt Street was owned cntirdy by Guilda
Delorio and that PlaintiOs owned no interest in the properly. Defendant Cali. specifically.
threatened indi viduals and ultimalely assaulted the Tax Assessor for the Borough of Roselle Park
when he rettised to modify the Borough's tax map. The tax assessor informed the Defendants
that Delorio did not own the abandoned roadway and that PlaintitTdid. in fact. own onehalf of
the roadway. He also indicated to Defendants thal their attempts to forec him 10 modify the tax
maps was illegal and that he could not comply with their requests. The harassment orthe Tax
that was previously granted to her by Defendant Borough of Roselle Park. When he attempted to
discuss this issue and other issues being raised about his property \'11th Defendant Carl Pucci (the
Roselle Park Code Enforcement Ol1iee) he slammed the door in Plaintill's face and refused to
speak \'lith him about any of the issues.
H. Defendant Doreen Cali also misrepresented to Council Members thaI I'laimiff did nOl
I. l'laintifrwas contacted by Paul Endler. the Tax Assessor for the Borough of Roselle Park.
Count I
!Declaratory Jud\!Il1entl
27 .Plaintiffs repeat and reallege all ofrhe facts and allegations contained in paragraphs 1-26
of the Complaint set forth herein at length.
subject roadway without reservation of any pedestrian walkway on or about April II, 1983 (See
Exhibit A).
29. As a result ofDc:fi:ndants' actions in entering upon Plaintiffs' property, interfering with
Plaintiffs' use and enjoyment ofthc: property and threatening Plaintills and their tenants with
punishment up to and including arrest, Plaintiffs have suffered and will continue to suffer
irreparable harm. If the actions of the are aJlowed to continue, Plaintiffs' rights under
of the laws of this Slate will be violated.
30. Defendants actions, asserting a defined easement over Plaintitfs' property, when none
previously existed. is the taking of his propel1y without due process oflaw and wiJl result in
in'eparable hano [0 Plaintiffs.
WHEREFORE. Plaintiffs demand judgment against the Defendants:
asserting any ownership claims adverse to Plaintiffs
B. Declaring that Deftmdants' claimed 15 foot pedestrian right-ot:way over
Plaintifi's' property does not exist and that Defendants have no interest in the real property
commonly known as 293 West clay Avenue. Roselle Park, New Jersey.
C. Awarding Plaintiffs attorneys fees, interest and cost of suit.
D. Such other and further relief as the Court may deem equitable andjust.

CQnstitlltiQ.n)
31. Plaint; ITs repeat and reallege all of the facts and allegations contained in paragraphs 1-30
32. On or about December 15. 1999, Guilda Delorio, the owner of the property adjoining
PlaintilTs. was granted a use variance by the Defendant Borough to expand her business and
construct a catering hall on her non-eonfonning lot located at30l West Clay Avenue.
33 Over the objections of 1'IaintiffGcorge D'Agostino. Guilda De Iorio sought and received
pem1ission to expand her business which was located in an R2. Two Family Residential District.
obtained Area/Bulk Variances from curbing requirements in hcr parking area; a reduction in
an increase of the maximum height reslriction.
34. Site Plan Approval and the above variances were granted 10 Guilda De Iorio on the
35 Guilda Dc Iorio has completed her renovations and has been operating hcr business and
catering hall without complying with the requirements set forth in thc Harbor Consultants Inc.
site plan.
lime at issue.
37. PlaintitT George D' Agostino requested that Defendant Borough, Joseph Accardi enlorcc
so.
38. Instead. Defendant Borough, with the aide and assistance of the othcr Defcndants
cngaged in a course ofrctaliation against Plaintiff George D'Agostino. violated his constitutional
and civil rights and sought to takc and/or cncumber his property without compensation or due
proccss of law.
39. When Plaintiff Gcorge D'Agostino i n q u i r ~ at a Borough Council meeting as to why
Guilda Delorio was pemlitted to operate her business without the lighting and handicap
accessibility renovations required on her approved site plan. members of the Borough Council,
intimidatcd Plaintilf D' Agostino by demanding to know wherc his handicap parking s-paces
wen:, evcn though the Council members knew or should havc known that Mr, D'l\gostino's
properly did not require handicap parking spaces.
40 During the same time period that Defendant Borough was rcfusing to enforce its land use
assistance of Defendants began to issue warnings and thrcatcned Plaintil1s with lines and
previously sought to cnforce against Plaintiffs.
41 Plaintiffs were being threatened and harassed by the Defendants. Defendants threatened
Plaintiffs with fines and penalties for the location of their trash bins. cven though they had been
located in the same place for years without complaint. Delorio operatcd the commercial deli
ncxt door 10 Plaintiffs' rental and did not have a required trash container. Instead, the Defendant
Borough of Roscllc Park pickcd up the trash generatcd by Guilda De Iorio and her business.
without charge or complain\. When Plaintiffs brought this maller to the auention of Defendant
Borough, nothing was done and the Ddendam Borough continued to pick up and dispose of the
commercial trash ....ithout charge to Guilda De Iorio or her business:
42. The actions and inactions of Dcfendants conslitute impcrmissible selective enforcement
law and violate the equal protection and due process rights guaranteed to PlaimilTs under the
43. As a result of lhe actions and inaction of lhe Defendants. PlaintilTs have suffered and will
44. Defendants' actions have violated Plainti1Ts' rights under the New Jersey State
oflhe laws in this Statc.
45. As a proximate result of the Delendants actions, Plaintiffs have been damaged and ",ill
continue to suITer danlages
WHERO'ORE: Plaintiffs demand judgment against Defendants as follows:
I. Enjoining Defendants Irom any future acts, actions or activities that would
interfere with Plainti fTs' rights under thc Constitution of the State of New Jersey:
.2. Awarding PlaintilTs damages, including compensatory. exemplary. and
punitive damages, statutory penalties, attorneys fecs, interest, and costs or suit and
other such relief that the court deem equitable and jus\.
CO_UNTIU

47. Detendants' actions. including the actions of Defcndant Cahill in his individual and
represcntative capaeitics. and John Does 1-5, individually and in their reprcsentative capacities.
in clllcring upon Plaintiffs' land without pennission, constitutes a trespass llpon Plaintiffs' land.
48. As a direct and proximate result of the Dcfcndants' trespass. Plaintin's have sutTered and
will continue to suITer damages.
WHEREFORE. Plaintiffs declare judgmcnt agaimt the Defendants for damages,
and such other and further relief as thc Court may deem equitable and just.
(:OlJN'rW
[Taking 9fL
a
nd With9u1l)uel'rQccss andC9.mpen:;;J,!ion)
49. PlaintiITs repeat and reallege all of the facts and allegations contained in paragraphs 1-48
50. Defendants' actions in asserting an easemcnt over Plaintiffs' land. which did not
previously exisl, constitutes a taking without proper proccss and compensation to thc Plaintiffs.
5J. As a direct and proximate result of the Defendants' actions, Plaintiffs have suffered and
will continue 10 suffer damages.
WHEREFORE, Plaintiil's declare judgmenl against the Defendants for damages.
and such olher and further relief as the Courl may deem equitable and jus\.
(:()lJNIV
Civi!Rightsi\el)
52. PlaintilTs repeat and reallege all of the facts and allegations contained in paragraphs 1-51
53. Defendants' actions in dealing with Plaintiffs from on or about January 1. 2010 have
deprived PlaintilTs of substantive due process and equal prolection rights and privileges and/or
immunities procured by the Constilillion of the Slale ofNew Jersey and the New Jersey Civil
Rights Act.
54. Plaintiffs' exercise of those substantive rights, privileges and/or immunities have been
A. Enjoining Defendants from violating Plaintiffs' substantive due process or equal
protection rights, privileges or immunities secured by the Constitution of the State of New
rights. privileges or immunities,
B. For damages. including compensatory and punitive damages;
C. Attorneys fel.'S. interest and cost ofsuit;
D. lor such other relief as the Coun may deem necessary and just.
COUNT VI
(PUBLIC POLICy)
56. l a i n l i l T ~ repeal and reallege all of the lacls and allegalions contained in paragraphs 1-55
of tre Complaint as set forth herein at length.
fr'-'edoms and the acts alleged herein arc violate of the Public Policy of the State of New Jersey.
58. As a direct and proximate r ~ u t of thc Defendants' actions. Plaintiffs have suffered and
WHERr:FORE. Plaintiffs demand judgment againsl the Defendants lor damages,
including compensatory and punitive damages, attcrneys fees, intercst and cost of suit and such
other and further relief as the Court may deem necessary and just.
COUNT VII
(RETALIATION)
59. Plaintiffs repeat and reallege all of the facts and allegations contained in paragraphs I-58
60. The acts orthe Defendants were undertaken in retaliation against Plaintiffs for exercising
their Constitutional and statutory rights, including the right to petition the govcrnment for redress
or grievances.
61. PlaintilTGeorge D' Agostino approached the Borough Council to point out the selective
enforcement of the laws againsl him as opposed to his neighboring property owners. In direct
l't."Sponse to PlaintiffD' Agostino's actions, Defendants retaliated against him.
62. As a direct and proximate result of the rctaliation by the Defendants. D' Agostino has
becn and continues to be damaged, including damages to his reputation and emotional distress
damages.
WHEREFORJ:. Plaintiff George 0' Agostino demands judgment against Defendants for
damages. including compensatory and punitive damages, emotional distress damages, attorneys
fees. interest and cost of suit and such other and further relief as the Court may deem equitable
andjusl.
COUNT VIII
(TORTIOUS INTEREFERENCE WITH CONTRACTUAL RELATIONS)
63. PlainlilTs repeat and reallege all of the facts and allegations contained in paragraphs 1-62
of the Complaint as set forth herein allcngth.
64. The actions of the Defendants. including but not limited to Delendallls Doreen Cali.
Vincent Cahill. Carl .Pueeio, Modesto Miranda. Joseph Accardi and John Docs 1-15. in their
individual capacities, since January 1, 2010 and continuing forward have interfered wilh
65. As a direct and proximate result of the Defendants' actions. Plaintifls have suffered and
WHEREFORE. Plaintiffs dcmand judgmcnt against Defendants for damages, including
eompensalory and punitive damages, attorneys fees. interest and cost of suit and such other and
COUNT IX
66 PlaintiLTs repeat and reallege all of the facts and allegations contained in paragraphs 1-65
67. Plaintiffs havc had a relationship witl1the tcnanls at 293 West Clay Avenue, the Center
for Family Support. That relationship has resulted in an economic benefit to Plaintiffs.
68. Plaintiffs had a reasonable expectation that the economic benefit they enjoyed through
the relationship with thc Center for Family Support would continue.
69. As a direct and proximate result of the actions of Defendants, including but not limitcd to
Dcfcndants Doreen Cali. Vincent Cahill, Carl Puccio, Modesto Miranda. Joseph Accardi and
John Does 1-15. in their individual capacities. Plaintirfs' reasonable expectation of Lheir
economic beneHt with their tenants has been affected.
70. I'laintiITs have suffered and will continue to suffer damages as a result therefrom.
WHEREFORE, Plaintil1S demand judgmcnt against Dcfcndants l'or damages, including
compensatory and punitive damages. allomeys fees, intcrcst and cost of suit and such other and
and 4:35-I(a).
DESIGNATION OF TRIAL COUNSICL
PLEASE TAKE NOTICE, tbat pursuant to rule 4:25-4, William 1. Courtney, Esq. is
LAW OFFICES Of WILLIAM J. COURTNEY, L.L.C.
Attorncy for Plaintiffs
Dated: April 23. 2012
CERTIFICATION PURSUANT TO RUL.E 4:5-1
I hereby certify that I have no knowledge of any other pending llL1ion or proceeding
concerning the subject matter of this action except for the matter of Martino, LLC el. at. v
D'Agostino, el. ut. tiled in the Union County Superior Court under docket number UNN-L-21 03
action.
Attorney lor Plaintif1s
By:
Courtney ...-
Daled: April 23, 2012
DEMAND FOR IHSCOVERY OF INSURANCE
Pursual1l to 4: 10-2(b), demand is made thal Defendant disclose to Plaintiffs
attorney whether there are any insurance agreements or policies under which any person or linn
carrying on an insurance business may be liable 10 satisfy part or all ofajudgment which may be
entered in this action or indemnify or reimburse for paymenls made to satisfy the judgment and
provide Plaintitl's attorney with true copies of those insurance or policies, including
primary coverage hut also any and all excess, catastrophe, and umbrella policies,
LAWOFFICES OF WILLIAM J. COURTNEY, L.L.C.
Atlorncy for PlaintilT
"IllJ.0m:
. .
. .
V l I H I H X : t l
- . . _ ~ : . . . . _ - - - _ . _ . . - _ . . _ _ . . - - " . . . - - - - _ . . .
........ .
cmlnwra 110. 1236
,\II OIllltlWlCE TO PROVIDE iIll !l!E VACAUON Of 1"lurou
OF looSZVEt:r S'::L"r. lltTlitElI l<ES:r cu.'! AVENtlt AIm tIlE
UlIIGIl VA:.Ln WLJ.OAll lIM 01' II.'! III =!OROtlClI OF
ROSELLi: P.IIl! AIlD lESUVDlG m aISnIIG IAm!ElITS, IF
All'I, OF U'rILITI COIll'AllUS AllD m IlDROIlGlI OJ ROSEUJt PWl'..
BE tt ORDAIlIEn, oy tbe Ilayo-r ad CoImdl of the Borousb of llD...lle Pari<,
tllat the fallowing descrio-.! portion of Boosevalt. Stc.et. bet'llUn lIest Cla;1
A9I"'" &1Id till l..h;!gh Vallay u1lrood ri;bt. of vay in the Bol."<IUgh of 110...11..
hrk be ..,d tbe ..... i. llen!ry Yllcn.d:
UGAl. DESQ\I1'TIOlf
UGL"IlIIllG at tile point: of 1nterseetion of the north."ly of
\lIst Clay Avenue vith the ..tarly Jiddina of loosevelt. Seteet.
'thallCa G.) Rortherly alons the "e.terly .10allne of loOH.,.lt Street
102.n"f'.t'p1.s"or ..inu. 'til-. jiOint--la1d poiet .e1lls distant 1lDrthnly
100.00 hat froe the northerly lid.Un. of lIe.t Clay Avanue uuured It
right anslu thl..to.
thence (1) E...urly perallel to tho nortbatly ..!<leliaa of \lest ClIy
Avenue. and distant DQrtherly 100.00 feet at r1.s:ht an,le, char.eo,
tbroush the Roolevelt Street right-of-way (60.00 in width) 61.63 flet pl
or ainus to I point in tile l&stlrly sidl!line of 100...ve1t Street.
1'henCt (3) alan; thll t.e:l,. cf Roosevelt Streee,
102.71 faer plus or minus to a point 1. ehe DOreherly lidoltoe of lIe.t
Clay Ave""".
The1lco (4) lle.terly. alan,' tile IlOnherly lina of kat Clay Avon....
61.63 feee pl... ar: "iouo to <he point ot BEGIlIRIIlC.
txceptini Ind r ..... ni"l. he...""". f:o.. tbe fou80ing vacation. colaa..
and .xtiallui.....t. all d,h< prlv1ll,u and .......nt if any. of the.
Borough of iOlello PUk. Publie service Eleetric & C0"l'"llY, !lev Jorsa'}
BoU T&lepaone Calupany. !l1zabothtaWll lI.ter eo"".", allll Ell.zabcthtawa Gas Call1l'&O'JI.
SiCT!Oll 1: All ordina.te5 or part. of ord1nances 1ncandstCllt 91th the
provisions of. this ordinanee ore. her.by rapaaled.
StCTION 2: This ord1nane. ahall take effeCt at the tlme ll%Ill 1n the
If..nne: pnscrilled by law.
Intxodu<ed: Ilareh 18, 1983
Uoptad:
APR 11 \983
,
I ' L/
Attest: :-v ic?rougll Clen

aoftOuaK CURIe

III }lurk
IH 'lll' COURn 0< UMIClN
IQSlL.Ui I'UK. MIiW .liaSIY
July 7, 198.3
lk. II<>bert S. ClaWlO. Prestd"".
C1a.UJI 5ttloi10 t Iu.,
293 11. Clay lV-lUll
1lo101lo rln., 1I.J.
- -'Ii..r llr-;-'Cl."".,-' -,_.-'
!ncred \4row1.Ch 10 ,., Bomup ord1n&N:' 11236
whit!> .... adopUd 117 llI.,.! llIllI Cauncll Otl. 1.1'''11 ll. '1983.
By of the lCIop.1oa and l'altu1l:1d INbliu .... of
th1l orcli.clllu,. YOll __ Co tha .Uell. of .hit portlO11
of 1IDoI..-l. Str..t u ouU11IU l:benta lIlld """ .....tl to
..,.. ",y dIa-4.eI you cluire. '
llt. P1A_ .... ukK" to rlllD:Uld .,.. tIu1t ha l.s ot111
witial I:'d.l't of, the .... prwioualy leGe CD 7eu.
a'l' yoUr ax.c:uUon.
tours truly,
;- ,"
J_'llell&n
1K...p c.l.uk
l;C;lIay<lr lobert ZItJ,ar.ld
Alfo I.. Piaaw. bq.
jeaD 1lccUr. Collecmr/'I'ruev.rar
!fr. PIIIl 1DQl." ,
!f%. Donald Gnan:i..Uo
;<
"*,,
'
, J L I H I H X 3
. . . . . .
~ . . . . .
lIOROU01't Q.C.M
201 . aa-cau
\
'"
. uf Jura
IN '"" 'OU,," OF UIllClH
2CS5U,' ' ... J'tn' JSRSIT mo"
July 7, 1983
, K. V,
301 I. Clay AV,",,".
ROlalle Park. N.J.
OuT Kr. , Hr:J.. DeloriQ;
Eilcl':".d b........Hh b of o.d-.o 11236
MItch W&I adapud loy Kayo... &:li Council all .."til II. 1983.
ll)' 'rirtUe clll nd .1401red pobll04UOll of tbia
Qr4irwtco. you oov ClWD. to thl '1111011. of tb:Ls portioo of
JaoeaveJ.t SHut U lNcl1na4 cilere1n lid you eu. proee.d to
Nk. 'IllY.cbu,1II yoo ded
'.
TO\lrl wty t:::ulv t
/(,,/ )
" /,...,." I '" ,16..

...."'h Clulr.
...t'1I
!layer 1oI>.rt L. Z.!llnlr.i
CC: lliDlUlo t. 1'111Il1O, 2.q.
Jeal1ll. Dicker., COl1eccor!nUIIU1'II'
Mr. Paul todlet
Mr, DOIlaii Guarrillllo
U 1 ' ; I H X : t I
....
,-'
.....

1.."1 C3lOl:Nllla rca":'!l! WDo!rll:fi
OP A FORr!01 OP llCOSZ-JE:.: S'lXr.
llES'I' =.t. AWN:E AND !ZIlIGll
IUGH:: r::E N1Ir IN TIlE lll:lR:mI C7 lCW: PAllK
AND l<ES.iiRVlIIi AIL !l'.sE'JGl'5 Fa\ A
SEWER 1D l1l'ILXl'!
CCM'llNIES, IE ilNY.
BE !T by t.'le Mayor aIId CCu!lcil cf the BctOJllh of Jtl9l!1le
" .... '1<, 01! UDion, State of tiel JIOneY, as follCO'!!:
soa-..oN !. 'e"... Boroul of Iloselle Pm:lc has detenli.ned that; it;
is in the l:ie8t interest of the Bo::t:ugIl t."at the hereinafter
descril:ed bo """",tea.
SI!C'l'ICtl II. b sl:z<let kn::wn as St.teet, l:etween West.
Clay A'lel1Je and t!l!! Lehigh Valley Rai1mad right. of wtJ in t.ie a:>ro.lgh
of lb!Ielle Park, as acre par+-..icularly desc:r<.J:ed lmein, be ar.d the
S8IlIl is vacated.
LEG\L l:I!SC!UPrJCl'I
at the ;;:oint of :Intersection of the oort!lerly
1l.idel.InJ of !lost: ClAy A.......", w'-t.'1 1:."" _rly
of It:osevelt Street; I:hen::e (1) lXlX"'".bIIrly aJDn;
the siAal1.ne of ltioslMllt Street 102.71 feet
plus or mi.""" to II point, 5llid >oint 1::eiJlq <listant ncrth-
erly 100.00 flet tr= the ncrtl'.erly Udeljne of 1\lest Clay
A_ lt1!asured at right angles ':heIx:e
(2) easterly parallel to tll8 ncrt.ierly !idalir.e of Iitst
Clay A_ and dis1:ant ncrt!Ierly 100.00 fat reasurod
at: right anqles tbo.. ...toI 1:lll:l:I:I' 1:lle Stl:eet
riqht ot wi!l':f 160.00 :'to i'1 width) 61.63 feet plus or
m....ll to a potri in t.'1e Illlstarly !idalint of Pcoeevelt
Sttee.t; tl'.era (3) alQnq the e-stBrly
sideline of rcose'Jelt St..-eet:, 102.71 feet plus or
to a. p::.i.nt in t;'lll of lIeat Clay A1ll!I1l8;
the!1Ce rJI'.ni.-.g (4) """,,;:erly, llk::g to"" 1lOr-J1erly line of
\\list ClAy 1'._, 61.53 ::et ?lWl m::rJll ;0 to""
of BEXOINtmlG.
w=""..oN ::c:. !m. 'E!o=.l. Cca hereJJy re_ f:':1l1 toil!
vacat:icn, ral_ an: e:<"..i,:'luis.'":mmt, all rights, privi!a9'!s aM all
l!l<istinq for a. ".,aestrian W!l"""'I', unital:'! ......., am atility
.-es, if ilItri, Qf :ubJ.:.c serf.ce nec-_-J.c m:I Gas New
Jersey Bell ware IlI'd
E:lizabetttown Gas 'It1e, BcI:lJ'..>;h dces '''''''''by re"...3i.'l. the riqht.
to :oentain, cpsrat.!!, repair 1Ili:l,:eplace by itse.li or by allY licensee
or a. holder of a f=anc.'1i!IB Borough a.'l'j ar.d all pip!s, conduits,
mains, .., faci:il:'/ or equ10mmt :or the
or e,:erat:::.on .tile aM:_,coioned ..UIlII!n'"-S IJ;:'A
loc:a.te<i in t..'le st. ......t or a, f ,",cats:! ";Jy thi.! ordi.n4r.<:e,

, ZOe:':
",
ul.ntlllr.ar.ce or fer any of easesnent.3 new
1::. :::r a ;=c.rt.l.Ol'l tlJ,UIIC{ YllCa:.!<i by this O:dinar.::e.
S'tC":':ON IV. The a!onmentioned s'C"t v;.c..ctd for tr. n.son
t.hc'e: is no .-:i for a rcadwa.y i:l t."'t a!QrementiOflee
Stc"!'!ON If. All :r.a.int.nanc:e a.nr:l repa'::':, toqiltner wi t1I u.p,keep
of lthat""er nat"Jr. fot th& of tba ifcra:nan:ia.ad
shall ::uuin Jic.lI t:.1,B iO:Q'.1,;n of Rol!.. !'ck to. ipplieabl. u.t:ilidlls.
SD::tCN VI. A .... is reserved
!ore9cinq ..s ::) be vaC:3ttd fOl" bl!nel!:. o! t1".a SorQU9h
of Rosel!.e Pack a.r.ti All publiC' cCIllp4ni.=-. AS lUi:' be .a.pplica11lc,
!Qr 01.. ;;urpcM of i:1q:!'s$ aoe. eq.r9SS qyrtr W upon th. !='emis.s
-- -- -- .....int.ain. :ep.ai:::, insfe.c:':. Q:' rtpl.ac:e tn'r an&.i 611 sxiu.inq ucil:'t'i'

!acTtCH V'll. ':h!9 shall 1;,1.:<_ eUec:t. At th. tixl. and.
.!a t"-'w ftllnn.:, by li:w bul:. 1."l no t!v_n:, "''''lll.i. ii: taka .ifer:'t
prior to uir.q i:o. eM. Qf!':ce::s the tJrdoQn CQU.!1'ti 3e9i.tu&:
ani! p:'ior the: oe':'nq ;"'"",\pr.oved. puuuan-: to c.J:'Cain
the 3crC'ol9b j:k),tlle rUk an4 Cilda. DiIoriO. 1n the event.
sate a::eet not by 1984, this anall
"ce deuee a nulll ':1 ud a: no !o:t't::,s Qt:'
!ll'rIttTX:!:!h ';une 9, 1986
'" 'jU" ? - .M." ! \, ... ,
.LL
i
ATfiS,.:
! henb, oardf1 'h. fo:oSci.g b rrua w
..r-,.: .0P:' of a. orcl:LAaac. ,cl"l'to ., ,he
.= Cc:unc.il 41: .. t'eSular .. held.
Juno 23, 1986.

" " ,
JEA:f UE.NAH, .ic:rCN.t;h C1.cr)c
I hereby the fareqoinq be A
:opy of an
adc't!t.sd by t::.s :137:'0: and :::ounci1 ,;-t:'".
h 2Z, lSa:.
..,,/)
Clark
......
Joan '!<ona". Borough
o
-;!/-",,'
/ .....
:.
Q,u
--

'.1
...........
- . - - - . _ . . ' . ' . - . . .
,.
REel I\IC If;;
fJIl:-:-. !I,J
J!.iI.. n 1(; AH 'ab
JL',"""" 'AJ()PP/
REGISTER
1.)95
''-'
r" -:1..'
AN PROV10lNCi rOl TNt
Of A POR'1:O' ... or Be":",rl""':.N
WEST cur Avtl.'Ct AND v>.un R.' !tJlO1l.D
IUGaT I1f Wl'.1 :. '!lIE 1lCR000H C/f' ROSELLt Pl'..';<
.ute ALL :::tI3':ING lOR A
#l'Co:::srn:.\a Wo\LJCfA't. SAt'U1M'l Sf:,Jti AHD lJ':1:.t:'t
!r "NY.
, ,
ll!: IT 'oy llIyor Council 01 rhe o! 1.....114
earl:, Ca1r.:.Y' UnicR, of :18..., a.s fellows:
SEC'l':ON !. of has :s..t.ar=inee. thAt it.
is i:a tha best ':"''lterest of th8 BorOU'9!'1 that thtl strte':. ht!J:llIina.::tar
dasC:ihed !::t .
UC':!01f t'!. Tht stret't kno..... II ilocu'lJtl::: Suot. ", Wast
ClAy &nd Lehiqh valle.y Rall::04d of vay i.., t1\tl !o::a.J;h
of Rosella ?u1c., as IIOle pa:t.icJl.a:ly blrain, De And. the
!Me i.s vacacllcL
Dt!OInlON
SEGDJNING al; t..'\c- point. of 0: 'tb.
aid. line of Wul:. Clay Ave:PJ. with. tM ....te.tly
(It Aocsevelt St:Nt: ::'MDc:e RQc11lli t1) Mrthuly alocq
the WIIn_=ly s:.d.1.1n. of Strl!let 102.71 feet
ol'.1J Qt miau. tc I Feint.. laid bej,nq Mrtlt-
lOO.OO htt tM r.ort.'er:'y dde1ine of W.a.:, Cla.y
,ws:N'i =s....sured it 6I"lq'14s nnnin9
(2) easetrli' panllel ':0 tht nett:.hUly s!teline c! tiel:.
Cl.1j' AVetiue ar.d 100.00 taet mea.s.u.red
at ri9h"- an,n t.'lU.'o, t:hz""<;ll Rocsovalr Strut
of "'.y (M.OQ ft, widrlll 61.63 het plo. or
.urNa ':0 & ?Oir.!;, iii th. 41U1terly sid.l5.ae of. IlDes.vtlt
St:.. thene. :llndnq (3) _tllarly alcn9 eastarly
ot. iloosevtlt St:eet, 102.71 feet plus CZ' .it\Us
':.= i. Ei0::.n.t: i:; nc::tbe::'l aidtliraOl WII't. C!.J.:z' ),VUiue:
:--.:.nr.i:04 (4) welT;.uly, alone; 'the line of
.\ver.u.e4 63 plus or minus b the point.
o! !Gnmni.
II:. The "':ou9h de horoby r L,""O fr"", tho!
Y&c.3.-tiQA, ttl.lse a.n.d extinquiltu'la."1t., All pz:ivileqes and all
4A.8m4nt3 fo! a sewlr Ind ati11:y
aa....nta, any, o ?u:l.:.= icvicl! E:llCUie and Gu eeJIplny, New
Jeney BoU TIl_ph.",e Ell:alottlltoWll WI tc: and
Zli::abtrtllto-..n.. G.a.s Ccmpan:Y4 aorc"u;h Qoe5 hlraby reuin. 'the; :r1;ht
':Q lUint&.a_pe::r:.. :1l;!Ul' .an! ni':acl i;,y i't.a61:t: IX by aa licliIlUi"
Cl:' .. f:canchise t."\. IOtO'lllih aad aU pipe.. , c:oN!uits,
sewel, t 01:' any OJ: tq.;iPM:nt. for the
-..L.
. /'
//
'-

",
SEC::!D.I rJ, ':'!1e afotsent:ior.!!d st:rl!et is vee.ted fa: t:... reascn
':.'-lat. cl'lere is :'X) n.e:=i for a .t""".ACway i.., the atoreme..'7tiored location.
SECl'ICN V. All ani rej:au, tege1:hBr wit.'l1:pksp
of Iotla.:e\lllr na= for t.ie of 1:.'1& Ubrlllll!ntioned easmrents
snall :rene.!.n with 'je Elort:'J.<;h of I'lselle Pm< or t:lle a;,:;>licahle U1:i1itias.
SEC'CN VI.. Jl, l=:"-et::Jal r..s!*-of-wGj' ml. ease:rent is reservacl
i." t.'".s foregoing to !::oI vacated !or tl:e l::eliefit of ti'.e Bor::u;h
c: Ilcselle Park an:! all ."olio I>tillty as IlIlY !::oI
tar t=e ?J-'?"S8 of :in;1:ess and egress """" and ".:en tha ';:0
L"'lSpOct or repla"" Mrf m:l all existino; utility
facilities .
s::x::T!Ol' VI:. 'Ihi" ordi.....'lCe $\all t<lka etteet: the timo and
1.., -:..'le :ll!IlM!' pxes<:rlced by lmIbut, in no ewnt., 8hal.l it take effect
prior to l:o...i.ns :ceo::r:!ed L'1 t..... offices of thi tbion Col!:lty ?agi!ltrar
wi prior to the meet 1:eitY; lnpro\>eC. pa-suant to a certain aqrMIllllt
!:et:llE!en t.."e 3erC\lI3il of Roselle Pm and Gilda Oiltn"-O. In the ......nt
that said ""'- ....el: is not: by Jur,e 1, 1986. this ozQina."lQ! shall
l:e a rulli!;""l 3ild of no :orca or effect.
10, 1996
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LAWOFFICES OF WILLIAM J. CaURlNEY. LLC
200 Main Street
P.O. Box 112
Flemington. NJ ORR22
190R) 782-5900
for PlaintiiTs
FI LEO
APR 13 2012
KENNETHJ. GRISPlN. PJ.Cb
GEORGI:: I)' AGOSTf1\O and
RAll.ROAD INDUSTRiES. L1.C
!'LAfNT1H
vs
BOROUGH OF ROSELLE PARK
OlcFENDANT
: SUPERIOR COURT OF NEW JERSrY
; UNION COUNTY
: JAW DIVISION
: DOCKET :-10. CNN-L-1903-10
CIVil. ACI10N
: ORDER PF.RMITrING PLlI!NTrFFS TO
: !'ILl- AMENDE!) COMPLAINT
THIS MATIER. having been brought to the allention of the Court by Plaintiffs George
D' Agostino and Railroad Industries. LI.C. by at\d through their a(Wrneys. William J. Courtney.
Esq. of the LawOffices of William J. Courtney. LL(' by Way or motion for leave to tile an
amended complaint: and Defendant_ having received notice by and through its attorneys. flarry
M. Cappo l::sq. of Ansell Grimm & Aaron; and the Court_ having considered the papers on Jik
and heard lhe arguments of counsel; and good cause having been shown;
IT IS ON THIS OF OAAd __,20120RDER.l::DTHAT:
1. Plaintiffs' mot:on for leave to tile an amended complaint be and hereby is GRANTED in
its entirety.
2.
.
'.
Plaintiffs shall file their Amended CompJaim no ''lIe.!ben
/I COpy of this Order shall be served on all parties within 2ays.
( ) 9J'Poscd
( Yllllopposed
l<tNNSTH .\. C::St'IN, fl"LCv.

LAWOFFICE OF WILLIAM J. COURTNEY, LLC
200 MAIN STREET
P.O. Box 112
(908) 7825900
RECEIVEDI F!LEO
Superior Court of N,," .drsey

CIVILCASE MANAGEME!'IT
UNION COUNTY
GEORGE D'AGOSTINO
PLAINTIFF
: CHANCERY DIVISION
: UNION COUNTY
VS : DOCKET NO. UNNL190310
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JOHN Does I I-15, individually and in
DEFENDANT
: AMENDED COMPLAlNi'- -'
Plaintiffs. George D' Agostino and Railroad Industries, LLC. hereby complaining of the
Defendants says::
The Parties
I. At all relevant times. Plaintift'resided at 1589 lxora Drive. Naples. Florida 34102.
Plaintiff George D' Agostino was the owner of the property known as 293 West Clay Avenue
(Block 308, Lot I) in the Borough of Roselle Park, New Jersey until he transferred the property
of the State of New Jersey with its principle placc of business located at 217 Magee Avenue,
RoscHe Park, New Jersey 07204. Railroad Industries LLC is the current owner of Block 308,
Lot I located in the &rough of RoscHe Park, New Jersey, which is the subject mailer of the
claims in thc within litigation. Plaintiff George D' Agostino is the manab>1ng member of Railroad
Industries, Inc.
3. The Borough of RoscHe Park is a municipal corporation organized under the laws of the
State of New Jersey and has a principle place ofbusiness located atl10 East Westfield Avenue,
the State of New Jersey. Uefendant Cali is being sued in her individual and representative
capacities.
5. Defendant Vincent Cahill (hereinafter "Cahill") is, upon infonnation and belief, a
of the State of New Jersey. Defendant Puccio is being sued in his individual and representative
capacities.
resident of the State ofNew Jersey. Defendant Miranda is being sued in his individual and
represcntati ve capacities.
8. Defendant Joseph Accardi (hereinafter "Accardi") is. upon Inlormation and belief. a
resident of the State of New Jersey. Defendant Accardi is being sued in his individual and
9. Defendants John Docs \5 are lictitious persons whose identities are unknown to
Plaintiffs at this time but are current or past representatives and/or employees oCthe Borough of
10. Defendants John Docs 6-10 are fictitious persons whose identities arc unkno....l1 to
Plaintiffs at this time who are current or past representatives and/or employees of the Borough of
Roselle Park's Public Works Department. Defendants John Docs 6-10 are being sued in their
11. Defendants John Docs 11-15 are fictitious persons whose identities arc unknoYm to
Plaintiffs at this time who arc current or past representatives and/or employees of the Borough of
General Allegations
12.. In or around January of 1989, Plaintiff purchased the property known as Block 308, Lot I
located in the Borough of Roselle Park. New Jersey from Robert Clauss. whose address at the
time was 7 Manitob Circle, Seoteh Plains, New Jersey. ('rior to the purchase of the property. in
or around 1983, the Borough of Rosel Ie Park passed Ordinance No. 1236 (a copy of which Is
Slreet between West Clay Avenue and the Lehigh Valley Railroad right-ol:way.
13. Shortly thereafter, and in accordance with the laws of the State of New Jersey, tille to the
Roosevelt Street. On or about July 7. 1983. letters were sent by Defendant Borough or Roselle
Park to Mr. Class and Mr. and Mrs. Delorio enclosing a copy ofthc Borough Ordinance No.
1236, which was adopted by lhe Mayor and Council on April II. 1983, indicating by virtue of
adoption and a requircd publication of said ordinance that they each now owned to the middle
portion of Rooscvclt Slreet as outlined in lhe Ordinance and pcnnilled them to proceed to make
any changes they so desire (See Exhibits Baod q.
14. Borough Ordinance No. 1236 reserved in the vacation of tile roadway, "all rights.
privileges and easements, if any. of the Borough of Roselle Park. Public Service Electric & Gas
Company, New Jersey Bcll Telephone Company. Elizabethtown Watcr Company and
Elizabethtown Gas Company" (See Exhibit A). There was no reservation of a pedestrian
walkway in the Ordinance. However, after the Ordinance was adopted, there was apparently
discussions of an casement for a pedestrian right-or-way between Robert Clauss and the Borough
of Roselle Park (See Exhibit B). Upon inJiJnnation and belief. there was nevcr an agreed upon
easement for a pedestrian walkway over thc vacated roadway after Ordinance 1236 was adopted.
15. For reasons unknown. in or around March of 1986. Ordinance No. 1369 was adopted by
the Borough oI' Roselle Park vacating the same roadway previously vacated by Ordinance No.
1236 in 1983 (See Exhibit 0). Ordinance No. 1369 differed from Ordinance No. 1236 in lhat it
specifically reserved an casement for a "pedestrian walkway." which was not specifically
16. Three months later. in Juneof1986. a third Ordinance 13&5 was adopled vacating the
same portion of the same roadway and as was the case wilh lhe second Ordinance 1369 reserving
See Exhibit E).
17. Neither of the Ordinances adoptcd in 1986 specify the location of any easements for a
pedestrian walkway over the vacatcd roadway and the language ofthc Ordinances themselves do
not specify a location.
18. In or around January of 1989. the property formcrly owned by Clauss Studio Inc. was
sold to Plaintiffs.
19. From 1989 up until approximately January 01'201 O. Plaintiffs el,joyed full access to its
onc-halfportion of the vacated roadway. Pcdestrians, on occasion. crossed over both sides ofthe
located on the northerly portion of the vacated roadway. At all times relevant hereto. up until
approximately January 2010, the tcnants of PlaintilTs' property located at Block 308. Lot I. or
more commonly known as 293 West Clay Avenue. were permitted to park on the side of the
existing structure and on the vaeatcd roadway.
21. In or around JanU31Y 2010. a dispute arose between the tenants located at 293 West Clay
Avenue and the business located on the other one-halCof the vacated roadway at301 West Clay
Avenue. That business. 101;0 Deli. is upon information and belief operated by Joseph and Guilda
22. Joseph Delorio was the Mayor ofRosclle Park.
operated the Center for Family Support, a day program for disabled adults.
24. Mrs. Delorio requested that the employees of the Center lor Family Support relocate their
tenants had in the past capitulated to Mrs. Delorio's requests to move their vehicles. they advised
Pll\imiffthat they werc uncomfortable having to relocate their vehicles evcry time Mrs. Delorio
25. in response to Plaintiffs' tenant's requests. Mr. O'Agostino approached Mrs. Delorio and
requested that she not demand that l!.is tenants relocate their vehicles. Mrs. Delorio's responded
by indicating that she would use her influence with her son. the Mayor, to make certain that
PI'lill,liff);',tenants could not park on their side of the vacated roadway and that the disabled
offbuscs to attend their day program.
26. Shortly after the threat by Mrs. Delorio, PlaintifJ.: along with the tenants located at 293
West Clay Avenue, encountered a continued course ofharassment and retaliation from the
following:
/\.. Receipt of notice by the Borough of Roselle Park indicating that the tenants of 293
West Clay Avenue were blocking a sidewalk easement in violation of the Borough Ordinances
and then demanding that the activity eease immediately. TIle Borough also accused George
D'Agostino of misleading the tenants by placing signage on the building falsely indicating that
parking was legai at that area of the building.
The tenants. however, had been parking in that area and Mrs. Delorio patrons had also
been parking in thaI area for several years and no offieial from the Borough ever indicated that
B. Represenlatives of the RoseHe Park Police department in their individual and
representative capacities, Police began showing up at the location and advising PlaintiITs' tenants
that they could nOl park in arcas where they had previously parked. The tenants were also being
belief. many of the police officcrs that showed up on Plaintiffs' property were not dispatched by
the Borough ofRosclle Park's Police Department and were. upon information and belief. acting
in thcir individual capacities under thc color oflaw.
C. Withoul notice, on or about May 10,2010, cmployees from thc Department of Public
Works orthe Borough of RoseHe Park, aeling in their individual and representative capacities.
entered upon PllI)m.irrs: land without prior consenl or approval to paint lines in the parking lot,
indicating a 15 foot wide easement (See Exhibit G). Defendants Vincent Cahill, Doreen Cali .
Modesto Miranda and/or Defendants John Does 1-5 and/or John Does 11-15 directed said
lectto fifteen (15) feet. Representatives ofthe Borough havc indicated to Plaintiffs that they
would be returning 10 the property as early as Monday May 17,2010 in order to paint permanent
lines delineating their claimed 15 toot casement across Plaintiffs' private property and
D. Upon inlormation and belief, Defendants Accardi. Miranda. Cahill, Cali. Puccio and John
Docs 1.15 look actions to deprive of lhe ownership of his property along with the use
and enjoyment of the property. Defendants further actcd individually and/or conspired with each
other to interferc with Plaintiffs reasonable expectalion of economic gain and contractual
relations with his lenants because they knew, or should have known. that their actions would
havc a detrimental cffcct on Plaintiffs' relationship with his tenants and PlaintiITs' ability to lcase
thc subject real property or to otherwise derive economic benefit therefrom would be negatively
cffccted.
e:. Defendant Doreen Cali. individually and in her representative capacity as Clcrk lor the
Borough of Roselle Park.. the Borough of Roselle Park along with thc other [)efendants, in their
individual and reprcsentative capacities, acting under the color of Stare sought to dcprive
Plaintiff of his rights including, but not limited to the right aftorded to him under the
Constitution and laws of the United Statcs of Amcrica. These rights include but are not limited to
Plaintilrs right to redress grievances and his rights to due process and equal protection. An
example of the deprivation of Plaintiffs' rights was thc rcfusal by the Borough of Roselle Park
eounsclto consider his complaints concerning the violation of his tenants civil rights. When Mr.
D' Agostino sought to address what he believed (0 be racial based harassment of the employees
Plaintiffs tenant was the Center for Family Support (CFS). This organization was
eonceming racial harassment of CFS, employees and/or representatives of the Borough Roselle
Park continued to harass the CFS employees and also took actions that would atfeet thc clients
ofCFS utilize and aeccss the facilities. Plaintiff attempted to voice his objections about these
As a further example of defendant's violation of Plaintiffs rights. plaintiffwas
continuously prohibited from addrcssing his grievances with Roselle Park regarding the
F. Upon infonnation and belief, Defendants Doreen Cali, Joseph Accardi and Modesto
Miranda and John Docs 11-15 attempted to have the laX map of the Borough of Roselle Park
changed to reflect that the abandoned portion of Roosevell Street was owned enrircly by Guilda
DcIorio and that Plaintills owned no interest in the property. Defendant Cali. specifically.
when he retilsed to modify the Borough's tax map. The lax assessor informed the Defendants
that Delorio did not own the abandoned roadway and that Plainti tTdid. in fact. own one-half of
the roadway. He also indicated to Defendants lhal their attempts to loree him to modify the tax
maps was illegal and that he could not comply with their requests. The harassment of the Tax
Assessor became so severe that he became ill and W'aS forced to retire.
discuss this issue and other issues being raised about his property ",ith Defendant Carl Pucci (the
Roselle Park Code Enforcement OlTtee) he slammed the door in Plaintiirs face and refused to
speak ",ith him about any of the issues.
H. Defendant Doreen Cali also misrepresented to Council Members that I'laintiff did not
h ~ e any interest in the property at issue after she was told by the Tax Assessor and others that
her statements regarding ownership were faJse.
I. Plaintin was contacted by Paul Endler. the Tax Assessor for the Borough of Roselle Park,
and was informed that the Borough ol1icials were attempting to steal his property.
Count I
(Declaratory JudL'II1ent)
of the Complaint set torth herein at length.
subject roadway without reservation of any pedestrian wllikway on or about April 11, 1983 (See
Exhibit A).
29. As a result of Defendants' actions in entering upon property, interfering with
Plaintiffs' use and enjoyment of the property and threatening PlaintitTh and their tenants with
punishment up to and including arrest Plaintiffs have suffered and will continue to sutTer
irreparable harm. If the actions of the Defendants are allowed to continue, Plaintiffs' rights under
the New Jersey State Constitution to possess and' protect property and enjoy the equal protC(;tiQn
30. Defendants' actions, asserting a defined easement over PlaintitTs' property, when none
previously existed. is the taking of his property without due process oftaw and will result in
irreparable harm to Plaintitfs.
WHEREfORE, Plaintitfs demand judgment against the Defendants:
asserting any o....nership claiIru; adverse to Plaintiffs
B. Declaring that Det':ndants' claimed 15 foot right-ot:way over
Plaintitl's' property does not exist and that Defendants have no interest in the real property
commonly kno....n as 293 West clay Avenue. Roselle Park. New Jersey.
C. Awarding Plaintifls anorneys fees, interest and cost of suit.
D. Such other and further relief as the Court may deem cquitablc andjusl.

(Y\Q)PILonorNe','I)9rsey ConslitutiQn)
31. Plainti tfs repcat and reallcge all or the facts and allegations contained in paragraphs I 30
orthe Complaint as set forth herein at length.
32. On or about December 15. 1999. Guilda Delorio, thc Owner of the property adjoining
PlaintilTs. was granted a usc variancc by the Defendant Borough to expand her business and
construct a catcring hall on her non-conforming lot located at 301 West Clay Avenue.
33 Over the objections of Plaintiff Gcorge D'Agostino. Guilda De Iorio sought and received
pennission to expand her business which was located in an R2. Two Family Residcntial District.
obtained Area/Bulk Variances from curbing requirements in her parking area; a reduction in
required parking spaccs from 20 to 7, a reduction in the front and rear setback requirements and
an increase orthe maximum height restriction.
34. Site Plan Approval and the above variances wcre granted to Guilda De Iorio on the
35 Guilda Dc Iorio has completed her renovations and has been operating hcr business and
catering hall without complying with the requirements set rorth in the Harbor Consultants Inc.
site plan.
36 Guilda Deloria is the mother of Joseph DeIorio. the Mayor of Defendant Borough. at the
lime at issue.
37. PlaintilT George I)'Agostino requested that Defendant Borough, Joseph Accardi enforce
the site plan requirements upon the Mayor Deloria's mother but Defendants have refused to do
so.
38. Instead, Defendant Borough, with the aide and assistance or the other Defendants
engaged in a course ofretaliatiol1 against Plaintiff George D'}\gostino, violated his constitutional
and civil rights and sought to take and/or encumber his property without compensation or due
process oflaw.
39. Whcn Plaintiff Gcorge D' Agostino i n q u i r ~ at a Borough Council meeting as to why
Guilda Deloria was pemlitted to operate her business witbout the lighting and handicap
including but not limited to Mayor Deloria and Defendants Accardi and Miranda harassed and
intimidated PlaintitT D' Agostino by demanding to know where his handicap parking "lJaces
were, even though the Council members knew or should have known that Mr, D'i\gostino's
40 During the same time period that Defendant Borough was refusifl[l to enforce its land usc
assistance of Defendants began to issue warnings and threatened Plainti ns with fines and
penalties for alleged violations of the Borough Ordinances that the De fendant Borough had not
previously sought to enforce against Plaintiffs,
41 Plaintiffs were being threatened and harassed by the Defendants. Defendants threatened
Plaintiffs with tines and penalties tor the location of their trash bins. even though they had been
located in the same place for years without complaint. Delorio operated the commercial deli
next door to Plaintitrs' rental and did not have a required trash container. Instead, the Defendant
Borough of Roselle Park picked up the trash generated by Guild. Dc Iorio and her business.
without charge or complaint. When Plaintiffs brought this maller to the attention or Defendant
Borough. nothing was done and the Defendant Borough continued to pick up and dispose of the
42. The actions and inactions of Defendants constitute impermissible selective enforcement
law and violate the equal protection and due process rights guaranteed to PlaimilTs under the
43. As a result of the actions and inaction of the Defcndants. Plaintiff's have sutTered and will
44. Defendants actions have violated PlaintilTs' rights under the New Jersey State
Constitution to acquire. possess and protect property and to the equal prOleetion and due process
or the laws in this State.
45, As a proximate result orthe Detendants' actions, Plaintiffs have been damaged and ",ill
continue to suffer damages
WHEREFORE; Plaintiffs demand judgment against Defendants as follows:
\. Enjoining Defendants Irom any future acts. actions or activities that "ould
interfere with PlaintifTs' rights under the Constitution of the State of New Jersey;
2. Awarding PlaintilTs damages. including compensatory. cxemplary. and
punitive damages. statulory penalties, atlomeys fecs, interest, and costs of suit and
other such relief !hat the court deem equitable and jusL
COljNTIU
1 : ~ ~ P ~ s s J
46. Plaintiffs repeal and reallege all of the facts and allegations contained in paragraphs 1-45
47. Defendants' actions. including the actions of Defendant Cahill in his individual and
in entering upon Plaintiffs' land without pennission. cOllStitutes a trespass upon Plaintiffs' land.
48. As a direct and proximate result (lfthe Defendants' trespass. Plaintins have sutTered and
WHEREFORE. Plaintiffs declare judgment against the Defendants lor damages,
including compensatory and punitive damages as well as attorney's fees. interest and cost of suit
COtJN'IW
(Taking of Land WithQ\ltDlle.l'rQ<:css aMColDpel\,;;ltiol1)
of the Complaint as set lorth herein at length.
50. Defendants' actions in asserting an easemenl over Plaintiffs' land. which did not
previously exist. constitutes a taking without proper process and compensation to the Plaintiffs.
5J. As a direct and proximate result of the Defendants' actions, Plaintiffs have suffered and
WHEREFORE, PlaimilTs declare judgment against the Defendants tor damages.
and such other and further relief as Ihe Court may deem equitable and j Usl.
COUNTV
.. JerscyCjv\jR,ights .i\etl
52. Plaintiffs repeat and reallege all of the facts and allegations contained in paragraphs J-51
53. Defendants' actions in dealing with Plaintiffs from on or about January 1.2010 have
deprived Plaintifls of substantive due process and equal protection rights and plivilcges and/or
immunilies procured by the Constitution of the Slate orNew.Jersey and the New Jersey Civil
Rights Act.
54. Plaintiffs' exercise orlhose substantive rights, privileges and/or immunities have been
interfered with by the Defendants by threats, inlimidation and coercion by a person or persons
acting under the color of law.
A. Enjoining Defendanls Irom violating Plaintiffs' subslantive due process or equal
protection rights, privileges or immunities secured by the Constitution oflhe State of New
Jersey or from interfering or allempting to interfere with Plaintiffs' exercise of those substantive
rights, privileges or immunities.
B. ror damages, including compensatory and punitive damages;
C. Altorneys [e\.'S, interest and cost ohuil;
D. lor such other relief as the Court may deem necessary and just.
COUNT VI
(PUBLIC POLICy)
56. Plaintiffs repeat and reallege all of the facts and allegalions contained in paragraphs 1-55
57. The actions and inactions of the Defendants as they relate 10 the Plaintiffs' rights and
freedoms and lhe acts alleged herein arc violate of the Public Policy of the State of New Jersey.
58. As a direct and proximate result ofthc Defendants' actions. Plaintiffs have suffered and
WHEREFORE. Plaintiffs demand judgment against the Defendants lor damages.
including compensatory and punitive damages, attorneys Cees, interest and cost of suit and such
other and further reliefas the Court may deem necessary and just.
COUNTYII
(RETALIATION)
59. Plaintiffs repeat and reallege all of the facts and allegations contained in paragraphs I-58
60. The aels of the Defendants were undertaken in retaliation against Plaintifts for exercising
their Constitutional and statutory rights, including lhe right to petition the government for redress
of grievances.
61. Plainti IT George O'Agostino approached the Borough Council to point out the selective
enloreement of the laws against him as opposed to his neighboring property owners. In direct
1\."Sponse to I'laintilTD' Agostino's actions, Delendants retaJiall:d against him.
62. As a direct and proximate result of the retaliation by the Defendants. i)'Agostino has
been and continues to be damaged, including damages to l1is reputation and emotional distress
damages.
damages. including compensatory and punitive damages, emotional distress damages. attorneys
fees, interest and cost of suit and such other and further relief as the Court may deem equitable
and just.
COUNT VIII
(TORTIOUS INTEREFERENCE WITH CONTRACTUAL REL/\nONS)
63, PlaintifTs repeat and reallege all of the facts and allegations contained in panagraphs 1-62
of the Complaint as sct forth herein at length,
64. The actions of the Defendants, including but not limited \0 [)elendants Doreen CalL
Vincent Cahill. Carl Puccio. Modesto Miranda, Joseph Accardi and John Does 1-15, in their
individual capacities. siJlee January 1. 2010 and continuing forward have interfered wilh
65. As a direct and proximate result of the Defendants' actions, Plaintifls have suffered and
WHEREFORE, Plaintiffs demand judgment against Defendants for damages, including
compensatory and punitive damages, attorneys fees, interest and cost of suit and such other and
further relief as the court may deem necessary andjust.
COUNT IX
66 PlaintifTs repeat and reallege all orthe facts and allegations contained in paragraphs 1-65
67. PlainlilTs havc had a relationship with the tenants at 293 West Clay Avcnue, thc Ccnter
for Family Support. That relationship has resulted in an economic bcnetit to Plaintiffs.
68. PlaintiITs had a reasonable expectation that the economic benefit they enjoyed through
the relationship with the Center for Family Support would continue.
69. As a direct and proximate result of the actions of Defendants, including bUl not limited to
Defendants Doreen Cali. Vincent Cahill, Carl Puccio, Modesto Miranda, Joseph Accardi and
John Does 1-15, in their individual capacities, Plaintiffs' reasonable expectation of Lheir
70. Plaintiffs have suffered and will continue to suITer damages as a result therefrom.
WHEREFORE, Plaintil1s demand judgment against Defendants lor damages. including
compensatory and punitive damages. altomeys fees, interest and cost of suil and such other and
and 4:35-1(3).
DESIGNATION OF TRIAL COUNSICL
PLEASE TAKE NOTICE, that pursuant to rule 4:25-4, William J. Courtney, Esq. is
LAWOFFICES Of WILLIAM J. COURTNEY, L.L.C.
CERTIFICATION PURSUANT TO RUl.E 4:5-1
! hereby certify that I have no knowledge of any other pending action or proceeding
D'Agostino, et. aL tiled in the Union County Superior Court under docket number UNN-L-21 03
action.
LAW OFFICES OF WILLIAMJ. COURTNEY,L.L.C.
Attorney for PlaintiRs
By: < / ~
Courtney ...-
DEMAND FOR DISCOVERY OF INSURANCE COVF.RAGE
Pursuant to ~ J l . ~ 4: 10-2(b), demand is made that Defendant disclose to Plaintiffs
attorney whether there are any insurance agreements or policies under which any person or lirm
carrying on an insurance business may be liable to satisfy part or all of ajudgmcnt which may be
entered in this action or indemnify or reimburse for payments made to satisfy the judgment and
provide Plaintiffs attorney with true copies of those insurance agreements or policies. including
primary coverage bur also any and all excess, catastrophe, and umbrella policies.
LAWOFFICES OF WILLIAM J. COURTNEY, 1..1..C.
Attorney tor Plaintiff
~ .
"1TI J.CoUrt :
"._--'-- . . : . ~ ... '. , - . - ~ - _ . _.. -":' ....... _._ .. -
EXHIBIT A
.'",
.-
...........
OIlDI!WIClt 110. 1236
Ali ORllL'WlCll 10 PROVIDE lOR 1: VACAUON Of A !"lUroR
or l00Sllvtl.T S'l:L"E: !aml! !lEST CU"l AVENlll! AllD tJI!
U1IIGI VA:.Lll'l WWlAD l1CllT or IIA! III = 30l1ltrCll OF
lOSEW PAU AIlD U:SUVDlG 'tlIl m5nllG IAmlEiITS. IF
All'!. OF UTILI!'! Clllll'AllUS AllD 'tlIl llOlOUGII or IlDSllLU PARX.
Bt n OIlDA1lI1!D. by tbe 11&10. a2d C41meil of tho Borough of ll.,.a:ua Pu".
tllat the ollO'o/1og dascrib." portioa of 100.evelt Stroot be",,"o ".st CIa,
,,'I...... &1101 tha LaUgh Vallay !taUToad riSh: of ,,"y in the Borough of EDlelle
?ark be ..,01 tbe a.... hue!>,. vaoat":
ueAl. DESCllInIQIl
at the point of int.ra.etioll of the: northe::ly of
W.st Clay AV<!a"" nth the ....se.rly .ideline of lloovelt StrOlt.
'the""e (l) !lortherly olalll the ""sterly sideU.a of 1oo""""lt St:t
102.1T' ftee' pl -010 II1IlU. 'tin; poiot-- said point b..1og distant "":thaTly
100.00 feet from the .oTt.herly .idali of lie Clay Aven.......ur.d at
rizht anglel tblroeo.
thecce (2) Easterly parallol to tho northorly sideline of Wes: Clay
Avcut!: .ud distant uQr'Clwtly 100.00 feet: _&4u.red at right &I1&1_s
ebraush tbe Roolevelt S:r.ot right-of-way (60.00 in width) 61.63 faet plus
or IIlinus to a po;lnt in the ...torly sideline of loo.evelt SI:l: ...t.
'IbenCt (3) Soethe:l:'ly Alana sterly .1dellne of J.octlllvelt Street,
102.71 fur plus ..ious to a poi"t in tha sideline at WeSt
Cle, Ave"....
Theuee (4) !/estul,. lLonl the llOrtborly lin. of Welt CIa, Avonue.
61.63 fele pI... lIinus to tho point ot BEGIIIIIINC.
Exceptinllftd ho"",*"u, f:oll 'tbta foreping vaeation, 't'el.a&u
and extiaauiaime'Dt, all tiStltlt p1'1vilaltl anti ..ae_tlts, if any. of the.
Jorough of ioUe PubUe Senies Eaeeri. & G,os Coopany, !lev lerse,
Ball Telepbone Campany, Elirabethta.... Vater ColIPany and El1zahetlltevn 104. C,,,.paoy.
SiCTIOll 1: All o\"dinances or parts of ordinantes inconsistent with ::he
provi.ions of, this ordWnee are herelly tapulad.
SECTIOIl 21 This ordinance shall taka affact at ,he t:Jlle and in the
rannar prescribed by law.
Inaool"ee,ll l!&rch 28. 1983
1::::',--, ...._. '-"
Attt.t' CierI!;
A
APR 11 \983
}.dopted,
"j,
aOftQUOH C:URM;
201 ........
Df }lurh
IH CQ\JlITl 0" IIMJO>l
IW)SIiL,U ND" ... Jlia5ll'
Jul1 7, 1983
Me. "bert S. Cla""', P'reSideD'
C1auu St'tlobo
l
tnG.,
293 V. Clay AVIOIlI
10..11. '"n, N.J.
"'001. lir-;"C1;".loii-
lIndol.d 1letmeh 1A , ,on of Bomup .rdWne, 11236
..1I1.h .... &dop1:tod by IlafO...... CeullCil on 11, '1983.
By virt of th4 a4opt1.. and publi.,t1oa of
chi' ord1llla!!L, YO" __ eo tb& ai4UI of tM' por1:1ou
of lDaaeoel.e Str..t II ouU1Ud tben10 Il1I.d un to
... N\Y o!IalI you duir.. '
Mt. P:1a1llC ultH .. to ,.. that hi is 'till
w1t.1a1 Z'&cd;pt. of, the -..aen.f, prl"li0U81y l.act to you
:Ear yoUr
"{ouu vuy truly.
{ -,
. .-.'. " ," ..... "
Ju.-laeaan
w.,.p Clark,
CC,l!aycr IobeIt Zq.l.anki
AUo...o 1" P1&&Do. !eq.
)UIlllI Decker, Collectar/'l'r.-""
Kr. Ptu.l. l...u,,, ,
Kr. Dcmald Guanilllo
,.".".
.. ;
.. . .
. -- .. ....._=._._... .
EXHIBIT C
..
1IllROUOH a.&lUI
201 .
\
...
, Jurlt
IN TIlCi I;OUNn Of: U"","
:l0U'.l.' 'AU. "" JiRSIT mU
Jul, 7. 1983
, Mn. V. Delorio
301 W. Clay AV.m.II
Rall. N.J.
0.."" Hr. , DeIorio:
Eilclo..d beT.,.{th U of Bo1"oUflh 11236
W111c11 wa by Kayor cd OIl April 11, 1983.
\11 nrtUe of tho 1104 publ.1eaUoll of tb:la
or41nanc you .......... to til. siddle' of 'thu poTUO. of
1I>oeavdt Snut u ourl1lled ciiorelll IUld l"lU e1l1 proceed to
Nke lillY,chao... you dosire.
'.
YGLll'l .,.:y 1:=uJ.yJ
(
''"'1; ;./ )
. /h,.,; 1\.,1/' .. .. '" ............
JI 'le..-
I<lroup Clult
!lIClollUn
lIayc>r Ilobl'" L. ZI.l.nlrl
cc: llilllUlo L. l'ulIllO, hq.
J"=I Decker.. C:Ollector/nUlllll'or
Mr. 1'.111
Mr. DOllald GIlItti,U"
EXHI .. ,TD
..
'-' ..

k"i !'OR ':'!ll! 'JllGlt'Jl:lf
OE' A FORrIOl l1CC!W.IEl:.r
liEST OX!. A'lJ!NL1: AlItl IZ!m1Il W-r:zt
R:tGlC Of lilY jN THE llOFCll;ll OJ' l'I:'.IW: PAlIK
AND llE&RVOOO l\LL FOR A
p.ELlES:ffiIiltl 1rW\li\Y, S'oNl:'!'1l! SEllER J\ND U'l':I!-X!'!
C04PllNIES, It'
BE rr l:!f tIlE! Ma.1'cr aIId c.."1l1lCil of the llolWlh of ltlseU..
? ..... rJ<, =t.y oj! lInion, 5tl1te of Nw Jersey, as fcllQWl!l:
sa::'T"',;,ON !. T:-... !lorOOc:l of PDselle Pul< has dEter:lti.ned that it
is J.n the l:l8S1: interest of the Bol:cugIl t.iat thll street hereirlaf>..er
descril::ed bo "'"""-tea.
SI!C'l'ICtl U. '!ha knlwn as Bl:lose'\<olt Street, l::etMom West
Clay ani the Idligh valley Rail..toad right. of WfJ!;/ in tlle a>reIlgh
of !tlselle Park, as = par+-...icllarly descr'..l:lld l's:r:ein, be ani the
sane is VllCated.
ttG\L l:ESClW'rlCN
ll$DtlU'!G at tlle ;;:oint of of the northerly
s1&111!ll!l of _ Clav -... v'-t,., tlle !Ii6oJ.i.no
of a:csewl: Street;' t:hen:::s mllli.ns (l) mr'"Jirly
the IO!l!tSr1y siQeli.nI!: of lb:!Iawlt Stmee 102.71 !lIet
p1ua or lIli.":.18 to a point, aaid point !:em; distant ncrtb-
erly lOO. 00 fll8t fmu tlle lXlrtl'.erly aideJJm of west Clay
A_ rteaSUnd at ri<)ht. anqles t:.ettto; theIxe
(21 easterly parallel to tlla nor'"..llerly sideline of lie:!t:
Clay Awnue and dis1:ant rortherl:l' 100.00 maJlUAli
at right lInqles tbo.....,to, tlm:I1 the 3::IoeENelt st%eet
riqht "'1J!! 160.00 1't. in width) 61.63 reet plus or
mi.:.,; to a poir i:: t.'le I!aIlbl:ly sid&line of !l<XlIleVlllt
Street; tl'.-:e r=i.... (31 =ierly tIle easterly
side1.i..ne of !\:o!e'Jelt St.."eet, 102.71 feet plus or
to a peint in t.'12 rcr..'1e'rly sidall:9 of 1Iallt Clay A"!I1lP;
thence ror.nL'l<j' (4) \o8,.=ly, t:i1I! lJlr"J1erly line of
W&st Clay ;1.5:3 :=e1: plu:s Q; :a:.:roJ8 ';0 ':,.:'e
of ae:;ImIllG.
:".-O!l ::c:. i't..!!<=ugh Ccas here!ly IlilSU\e f:em t.ie ftn<Joinq
vacaticn, ralease ani er...i::guislant, ill righ"", privil.eges and all
fer .. ;:eCsr..rian s.mit3rl' l!I!WIlI' am utility
if ri, f l'W:lJ..:.<:: serv:.c:e a.c:-_-i<:: ml Gas New
Jer9lil'J Eell Ware all!.
tliube':btawn Gas :::o::;:ar.y. '!he I!om'''<;h. d..--es \-""-by =---3i.'l. the right
to maintain, e:t=ra1:l!, repair w,teplaee Cy itself Qr by aJrf ll<:ensee
or a holder Clf a f:"anc.'tise Borough a.'rj and all pip!s, c:mv:!Ilits,
-.-s, !MW, side'Naika " facili!:"lor equi;mmt :or the
or ' .the aftA_,ticned
loc:ate<i in t!1e 5t..--e9t or a ' f vacate ':f thi-!5 or.linar.ce
.
,J'" :,"

"
W:ltlilr.ar:ce or -:>;leratJ.on fer any of t..!::e- easeme!lt.3 now
::'oc.lud. :,..,. s;.:e1!t. ;;r ;l .?c.:t'tlon. en-rl!cf by t.h.il o:ditlAr::;e;.
stc-;:OI' tv. The a!or!ment1onll<t s"C:'",t ;,a v..c.atrJ far tbe :e.son
thc'e: is no Mild a rcldway i:\ a!orementiolleC.
It. All :r,aiAtaaanc.6 a.nd rep.:':, witoh upkeep
cf whateveI nat'Jra for the a: tbt i!claman:ianad
shall :cmain Qf !5:k oc en. .pplic3bl,
S!C:tCN VI. and is reserved
foreqoinq p:'emi.us !::) be vac!.t.!d for =r.e: bane!'!: of tr.a !orcWih
of Roselle- Park lord all pul::1ic ctility coupa.ni.s j AS ma: be .a.pplic:&blc.
for of i:1q:!-ln and Q\l1Il" &.ndi 'Jpon th. p::emises '1:.::1
_._- -- uint.... in. reF_i:" inspet:" or npl&e:e I.D'r and. ..ll axistinq IItil:'ty

'U. 'l"h!9 Q::,din&AC! shall tak.e At ti1. till. &nd
J.m 1:.'- ftlln'Olr by l.lW no Ivsn:, i; takl l'fh.c:'t.
prl,or to i:'\ eM off':ce::s the :.In':'on Count.y .2Ilqi.s't%C"
anc! FiQr the n=eet. 1:Ieinq ;....,su:om purlUiln,,: -'l; i. cWJ:'tain aq=au.en'C
betwtlln thll 3crCY.']h .lIo,.l,le .ln4 Cilda Di.iorio. !El tho eVen':
said s::eet not 23 1 1986, this 5nall
'te l1ellile<i a :NUl. ':1 and. a: na !orc.s 0'1:" .lfeC:1:.
=oeu<:!:!J: June 9, 1986
AllOPrm:
'JU" .,'
! \'t ... j
f'o
.ll
J_
A'I'T'Es'l":
! her.o, oa:df7 tho fo:oaoing b. & t'l:\l& m:l
.,,,',,, '.1'1 of a. or<l:LA.oc:oopto" by
.= CQ'Uticil at .. nau1ar 1M.tinS held
Junt 23, 1986.

JEAll itE!IAll. 3c:ou9h C:.r:<

I hersey foregQins to be A
corract =cpy of an
adctrt-8a by :4a7:'O: and ::cuL,cil +.
h ;:d 22, l3a:.
J.." ilGiolllln. llor""ah Clo:l<

"''\tt..,1_1.,
_... , .
C)..
......
../)
',1
...1Il'"
, ... - "'--.- . . '.-._-.- .-._ .... ~ ..
RECEIV(1 t R'C4RDE:l
till:,,:,. HIli r!. "',J
J!;/,. i1 :f; AH '86
.,l'l". ,AJUPPj
ReGISTER
1J9'5
30
AN PROVI0:ttl rOl TNt V;":.<,:,:oo
C'F A POR1:0H er :n::tm
WEST cur AvtttJE AND r..EHIGH R.'!LAOAO
RIG"" 07 1<>.1 IN nit or ROSEl.LI P"":<
.\NO 1LL rOR A
WA1.te'lA"t. SilI.UTAR'1 St".Jtl AND
!E' Mrl.
, .
S!: IT ORDA:= by <;,e )1oyor and Council of BorCllgn a! l.sell"
5IU1:, Cwr.:.y Unioa., St",:a of :M\oi' Jt:SYt as fellows:
1'he of hiS :!Itaoined tr-a.: it
i, i:ll tN best i.:\-=.eru.t of t.hi that t:.a strte-t herllina:='ter
daserihld vaCAr.ed. . -
1lC'::0lf II. n.. 3t:!t't kne--n 1.1 Suoue., n "'sst
ClAy ltvne-.a .and IAbi.qil Valle.y RaitrCll.d riqih.t of vay 1...,
of Rosella ?t.;C'k, as lIOn pct.':'cJl,a:ly dasc:ihC berein, be and. ;,he
s-.e 1.5 vacacea.
ua;..:, DE!CBIPT1ON
iEGIlmING a1; point. ot 'tl:.
lid.liM of Wu< Clay A"""". "1<1\ tt. ....tulv IiddiM
ot St!'Mt: l:.henca r1:U1c1119 (1) M1rthuly
tA. was"C..:ly sidtUn.. cl :ItoOl!l."e1t. Sus.to 102.71 feet
oJ.IIs 0< AU.INa tc poin.. Idd lle1nq
uly CO het trlZll the r.ort.'er!.1 .sid.eline of Well:. Clay
at. :4ht: enq-ln t.her.to: tMnc:'e nnninq
(2) easo:erl:/ panUel toQ er..t sit.liM cf
Cl.1:r ,\vel1ue a.t:d DDJ:',:herly 100. CO fue lIIuu.rtc1
It righ-: 3.nql.u t."'.uwto. the Raesp.lt Strle.t
:i9lrt. of "'''y lM.CO ft. wide;,J 61.63 het pl 0:
;;imu a ?Qint iG the 4U:crly sid.15oM ot iooS6Vdt
:untinq (3) ... ..rly 01on9 tl1e easterly
s:,d4:,i,n. of ltocsevtlt $t::eet, 71 f t "lUs at' ainUs
i. i;; sidtl1r.'1 w'" Avn.ue;
=-.=.nr.ir.q (4) weS1:u1.y, alQnt; 'the line of
M.5t 4\ver.Uf.. 61.63 !"u,: pl1:.S or :sinus the point,
o! :!tGnlNING
a:. The "':::ugh dee. hanl>y res<Iva frr.. tM! feroqa.,.,q
Y&c.1tign, telalse &n.d. extincpJ.i .....,le, All pti'tileqe5 a.9Jd all
l!xi,ti.::q ...scnent3 fo: a p'IQaltti.a.n walkny, san1:.uy sew.%' and
a4ftMnb, i! allY, of ?ucl:..: Suv'ice !lQC*'..%ic Gu New
':;ersey a.U Tllepho."18 EJ..:.:abet.bteWtI WI tor and
Canpany. -ell ao.couqh does hlr..by the U;ht
':1 .. t. :-sp&i: And. ni':aca 1'Ca61f oz: :f:y &0 licans..
Ct .. f:caRchi.se t.."1e IOtD"Qqb and; ,aU pipe.!, c:ofltuits,
Sf:WWI, :j" Of;' any a:.l1er or .1.i=8nt. for the

/'
//
'-

",
SEC:'!CN r.J, afor.!lllenticrJ!d = is 'lZ!!Csted fer the
'::."l.at. t-.'"Iere i3 for a L""t the a.r.--oreme:l't.i.orBd 1.ocl!.tion.
S2C1'ICN V. AU ani re;air, teqethar >ri.tl1 upI<eBp
of 1.'Ilab!....:: natun for t:'", of t.'- ilfbnlll!ntioned '''''''''''1It!
shall rere.Z.n with the ao=gh of !t:lseUs POJ:!( or the utilities.
V'!. I', par:-..et:.lal r:.<;bt-of-way m:i ease:nont. is
io: t.'".e foxe<;oing to !:ill vacated for tl:e becefit of the llOr::IlI;Ih
c:: llcselle Park an:l all ...,elle cQIl?a.'li.es, as IlI!lY bt .applicable,
fer !'1-r;:ose of :in;ress ond S9l=esa 0lI8l: mi """n tha ';0
L"l.5pECt or replace Mrf and aU existing ..c.lity
facilities
5CX:'r:!:CN VI:. 'l'his "rdi,1G.'lCe ehall take effod: ..e the t!m!l lll'I1
,=-'>e = pxes<:ri:::ed by l41i cut, in no own!:., sMJ.l it take effect
Frior to 1:e.ins reccried in t.l-e offices of tbl Won Co.J:::lt.y lle<;istnr
am prior to the street bain; jnproveG pjrsuant to a certain
l:ie'"_ t.'>.. 3er<>J of Poseu. Pm and Gilda In the """nt
t.""t said "",--eet is not ir.'prO\'ed by JIm.. 1. 1986, this o<dina= shAll
be daened a rnJllit;y mi of no terce or effect.
10, 1996
Ma"c!l 24. 1986
AtOPml:, _
;Cl'EST:
/'--" ; ", ,
/CU--lo.,. __.....,.
",iN CleJi
-,;\.
.
. EXHIBITF
..., 11111:31..._
---
-.....-.-
.......
--
III 7 ....._
.--..-
---
....-
o.It........
..-
---

.-..-
...(foID.......
........ Wlll'_.
--
....w'1';_
-,1Il_
-lfoII.....
.... _.....
...
. '
','of:' , '
, ,.
'-.
... 1'1"4. t I
,...........,.,...--
1lN'IllI1_rioro\llolO1
.....
J"" .....c
....,.-ol"" _
Mhllf'"" __
_nil
OIl711>;J&IKlS'r.'orti:ll'CIl"
_"'.....110I .._-
....
_ ......,. ,. 10__
................. , ,......,
- , "'........ . -... ................. -.
__...__, .10_ ..
In _= r_._
2 7.... .......,........
-- , -_._.._-
-_.. '_..-.........
J ."""" _
_ ,M ........,
11M..
....--
...-lIor-
-_11I-
-(JoI)""'"
LaWiilk
--
""-
.......-
---
.....-
....... -
'I , ...
.--
.' 'lIj..
-...-
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.... SHI
-'at_
e .....,...
...........
-_11II
-""'"'" ..--_.....
"""P lOKi
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.. roi)
, PROGRESS
LAWOFFICES OF WILLIAM J. COURTNEY. LLC
200 Main Street
P.O. Box \ 12
flemington. NJ 0&&22
(90&) 7825900
Atlomeys for Plaintiffs
FI LE 0
APR 132012
KENNETHJ. GRISPlN. PJ.C'
---._-_._----_..----
GEORGE l)'i\GOSTl1\O and
RAI1.ROAD INDUSTRIES. LLC
PLAfNnFF
vs
BOROUGH Of ROSELLE PARK
DEFENDANT
: SUPERIOR COURT OF NEW JERSr,y
: UNION COUNTY
: LAW DIVISION
CNNL190310
C!VI/. ACTION
: ORDER PERMITTING PLAINTlFFS TO
: AMENDE\) COMPLAINT
THIS MATIER. having been brought to the attention of the Court by PlaintilTs George
D' Agostino and Railroad Industries. LtC. by and through their atturneys. William J. Courtney.
I:sq. of the LawOffiees of William J. Courtney. LLC by wa)- ofmntion for leave to tile an
amended complaint; and Defendant. having reeeivcd notice by and through its altom.,,s. flan"
M. Cappo J::sq. of Ansell Grimm & Aaron; and the Coun. having considered the papers on lik
and heard the arguments of and good cause having been shown:
IT IS ON THIS K'lAYOF .11jl!kj __.20120RDI::RJ::DTHAT:
1. Plaintiffs' moteon for leave to tile an amended col11plaint be and hereby is GRANTI::D in
its e11\iret)'.
1.
,
).
Plaintiffs shall liIe their Amended Complain! no ''llOr than
Acopy of this Order shall be served on all panics within 2ays.
(
( f'lll1opposed
I<ENNSTH .l. C21SPIN. ?..LOt.

.'
LAWOFl'lCE OF WILLIAM J. COUR1NEY, LLC
200 MAIN STREET
P.O. Box 112
(908) 782-5900
RECEIVEDI F!LE!)
Superior Court of N.,; n;sy

CMLCASE MANAGEMENT
UNION COUNTY
GEORGE D'AGOSTINO
PLAINTIFF
VS
: CHANCERY DIVISION
: UNION COUNTY
: DOCKET NO. UNN-L-1903-10
APq, 2 If 2011

I I,
c:.:"'1 oM , '" "'./
r.:J ..'
l_...
CIVIL ACTIOI' rr;Jr;'\
-r-. ... " I I
r',:! ; :..i_Le ... :
JOHN Does 11-15, individually and in
Their representative capadties

.... .. _---_.
..j
.... -..... -_..
Plaintiffs, George D' Agostino and. Railroad Industries, LLC, hereby complaining of the
Defendants says::
The Parties
1. At all relevant times, Plaintiff resided at 1589 !xora Drive, Naples, Florida 34102.
Plaintiff George D'Agostino was the owner of the property knm'i!l as 293 West Clay Avenue
(Block 308, Lot J) in the Borough of Roselle Park, New Jersey until he transferred the property
ufthe State of New Jersey with its principle place of business located at217 Magee Avenue,
Lot I located in the Borough of Roselle Park. New Jersey, which is the subject maller of the
claims in the within litigation. Plaintiff George D' Agostino is the managing member of Railroad
Industries. Inc.
State ofNew Jersey and has a principle place ofbusiness located at 110 East Westfield Avenue,
Roselle Park. NJ 07204.
4. Defendant Doreen Cali (hereinafter "Cali") is. upon information and belief, a resident of
the State ofNcw Jersey. Defendant Cali is being sued in her individual and representative
capacities.
5. Defendant Vinccnt Cahill (hereinafter "Cahill") is, upon information and belief, a
represcntative capacities.
6. Defendant Carl Puecio (hereinafter "Puccio") is, upon information and belief, a resident
of the State of New Jcrse)'. Defendant Puccio is 'cx:ing sued in his individual and representative
capacities.
resident 0 rthe State ofNew Jersey. Defendant Miranda is being sued in his individual and
representati ve capacities.
8. Defendant Joseph Accardi (hereinafter "Accardi") is, upon inlonnation and belief, a
resident oCthe State of New Jersey. Defendant Accardi is being sued in his individual and
9. Defendants John Docs 15 are fictitious persons whose identities are unknown to
Plaintiffs at this time but are current or past representatives andlor employees orthe Borough of
10. Defendants John Docs 6-10 are fictitious persons whose identities arc tmkno....'ll to
Plaintiffs at this time who are current or past representatives andlor employees of the Borough or
II, Defendants John Docs 11-15 are fictitious persons whose identities arc unknown to
Plaintiffs at this time who arc current or past representatives andlor employees of the Borough of
Roselle Park's Clerk's office,
General Allegations
12.. In or around January of 1989, Plaintiff purchased the property known as Block 308. Lot 1
located in the Borough of Roselle Park, New Jersey from Robert Clauss, whose address at the
time was 7 Manitob Circle, Scotch Plains, New Jersey. Prior to the purchase of the property. iu
or around 1983. the Borough of Roselle Park passed Ordinance No. 1236 (a copy of which is
attached hereto as Exhibit A) which vacated the portion orlbe roadway known as Roosevelt
Street between West Clay Avenue and the Lehigh Valley Railroad right-of-way.
13. Shortly thereafter, and in accordance with the laws or the Slate of New Jersey. tille to the
roadway was vested in the owners of the property located on either side of the eenler line of
Roosevelt Street. On or about July 7, 1983. letters were sent by Defendant Borough of Roselle
Park to Mr. Class and Mr. and Mrs. Delorio enclosing a COpy ofthc Borough Ordinance No.
1236, which was adopted by the Mayor and Council on April!!. 19&3, indicating by vinue of
adoption and a required publication of said ordinance that they each now owned to the middle
portion of Rooscvclt Street as outlined in the Ordinance ll!ld pennilted them to proceed to make
any changes they so desire (See Exbibits Band C).
14. Borough Ordinance No. 1236 reserved in the vacation of the roadway, "all rights.
privileges and easements. if any, of the Borough of Roselle Park, Public Service Electric & Gas
Company, New Jersey Sell Telephone Company, Elizabethtown Water Company and
Elizabethtown Gas Company" (See Exhibit A). There was no reservation of a pedestrian
walkway in tbe Ordinance. However, after the Ordinance was adopted. there was apparently
discussions of an casement for a pedestrian right-Of-way between Roben Clauss and the Borough
of Roselle Park (See Exhibit B). Upon inlormation and belief, there was never an agreed upon
easement for a pedestrian walkway over the vacated roadway after Ordinance 1236 was adopted.
15. For reasons unknown, in or around Man:h of 1986. Ordinance No. 1369 was adopted by
the Borough oI' Roselle Park vacating the same roadway previously vacated by Ordinance No.
1236 in 1983 (See Exhibit D). Ordinance No. 1369 differed from Ordinance No. 1236 in lhat it
specifically reserved an casement for a"pedestrian walkway," which was not specifically
16. Three months later, in June of 19&6. a third Ordinance 13&5 was adopled vacating the
same portion of the same roadway and as was the case with the second Ordinance 1369 reserving
See Exhibit E).
.'
not speci fy a location.
18. In or around January of 1989, the property formcrly owncd by Clauss Studio Inc. was
sold to Plaintiffs.
19. From 1989 up until approximately January 01'2010. Plaintiffs enjoycd full access to its
one-half portion of the vacated roadway. Pedestrians. on occasion. crossed ovcr both sides of the
located on the northerly portion of the vacated roadway. At all times relevant hereto, up until
approximately January 2010, thc tCDants of PlaintilTs' property located at Block 308, Lot 1. or
marc commonly known as 293 West Clay Avenue. were permitted to park on the side of the
existing structure and on thc vacatcd roadway.
20. At no time were the tenants 01'293 West Clay Avenuc ever advised by any Borough
Avenue and the business located on the other one-half of the vacated roadway at 301 West Clay
Avenue. That business. Iorio Deli. is upon information and beliefopcrated by Joseph and Guilda
Delorio (See Exhibit Fl.
22. Joseph Delorio was the Mayor of Roselle Park..
operated the Center for Family Support. a day program for disabled adults.
24. Mrs. Delorio requested thai the employees of the Center tor Family Support relocate their
automobiles so that she could use their parking spaccs for patrons at hcr facility. Although the
tenants had in the past capitulated to Mrs. Delorio's requests to move tbeir vehicles, they advised
Plllif}l.iITthat they were uncomfortable baving to relocate their vehicles every time Mrs. Dclorio
25. In response to Plaintiffs' tenant's requests, Mr. D'Agostino approached Mrs. Delorio and
requested that she not demand that ills tenants relocate their vehicles. Mrs. Delorio's responded
by indicating that shc would use her influcncc with her son. the Mayor, to make certain that
PlaintiffJ,'. tenants could not park on their side of the vacated roadway and that the disabled
c1icnts of the Center for Family Support would not be able to utilize the roadway to gct on and
offbuscs to attend their day program.
26. Shortly after thc threat by Mrs. Delorio. Plaintiff: along with thc tenants located at 293
West Clay Avenue. encountered a continued course ofharassmcnt and retaliation from tbe
Borough of Rosene Park. This harassment and retaliation included but is not limited to the
following:
A.. Receipt of notice by the Borough of Roselle Park indicating that the tenants of 293
West Clay Avcnuc were blocking a sidewalk easement in violation of the Borough Ordinances
and thcn demanding that the activity cease immediately. TIle Borough also accused George
D'Agostino or misleading the tenants by placing signage on tbc building falsely indicating that
The tenants. however, had been parking in that arca and Mrs. Deloria patrons had also
been parking in that area for several years and no official from the Borough evcr indicated that
B. Representatives of the Roselle Park Police department, in their individual and
representative capacities, Police began showing up allhe localion and advising PlaintiITs' tenants
that they could nOI park in areas where they had previously parked. The tenants were also being
belief. many of the police officers that showed up on Plaintiffs' property werc nol dispatched by
the Borough ofRoscllc Park's Police Department and were. upon information and belief. acting
in thcir individual capacities undcr thc color of law.
C. Without notice. on or about May 10.2010, cmployees 1T0m the Department of Public
Works ofth.e Borough of Rosclle Park, acting in their individual and representative capacities.
entered upon rrs: land without prior eonscnt or approval to paint lincs in the parking lot.
indicating a 15 foot wide easemcnt (See Exhibit G). Defendants Vincent Cahill. Dorecn Cali .
Modesto Miranda and/or Defendants John Does 1-5 and/or John Does 11-15 directed said
teet to lifteen (15) feet. Representatives ofthe Borough have indicated to Plaintiffs that they
would be returning to the property as early as Monday May 17.2010 in order to paint pcl1Tlanent
lincs delineating their claimed 15 toot casement across Plaintiffs' private property and
D. Upon intormation and belief, Defendants Accardi Miranda, Cahill, Cali. Puccio and John
Docs 1.15 look actions to deprive of the ownership of his property along with the use
and enjoyment of the property. Defendants further acted individually and/orconspircd ",;Ih each
other to interfere with Plaintifl's reasonable expectalion of economic gain and contractual
n:lations with his tenants because they kncw, or should have known. that their actions would
effected.
E. Defendant Doreen CalL individually and in her representative capacity as Clerk for the
Borough of Roselle Park.. the Borough of Roselle Park along with the other Defendants, in their
individual and representative capacities, acting under the color of State sought to deprive
Plaintiff of his rights including, but not limited to the right a11'orded to him under the
I'laintifrs right to redress grievances and his rights to due process and equal protection. An
counsclto consider his complaints concerning the violation of his tenants civil righlS. When Mr.
D'Agostino sought to address what he believed to be racial based harassment of the employees
of his tenant. he was shut down and was not pemlitted continue to raise complaints and speak
fully and candidly aboutlhe racial harassment of his tenant's employees.
Plaintiffs tenant was the Center for I'amily Support (CFS). This organization was
essentially a day program for disabled adults. After the Plaintiffbegan to voice his objections
concerning racial harassment of CFS, employees and/or representatives of the Borough Roselle
Park continued to harass the CFS employees and also took actions that would atfeet the clients
of CI'S utilize and access the facilities. Plaintiff attempted to voiee his objections about these
As a further example of deCendant' s violation of Plaintiffs rights, plaintiff was
Plainliffs' disparate treatment and his claims of civil rights violations and the improper and
F. Upon infonnation and belief. Defendants Dorccn Cali, Joseph Accardi and Modesto
Miranda and John Docs 11-15 attempted to have the tax map of Ute Borough of Roselle Park
Delorio and that PlaintiO's owned nO interest in the properly. Defendant Cali. specifically.
when he reiused to modify the Borough's tax map. The tax assessor informed the Defendants
the roadway. He also indicated to Defendants that thei r atlempts to force him to modi fy the tax
maps was illegal and that he could not comply with their requests. nte harassment of the Tax
G. During the time that Defcndants were harassing and retaliating against Plaintiffs. Plaintiff
discuss this issue and other issues being raised about his property ",ith Defendant Carl Pucci (the
Roselle Park Code Enforcement Olliee) he slammed the door in Plaintilrs face and refused to
speak ",ith him ahout any of the issues.
H. Defendant Doreen Cali also misrepresented to Council Members that Plaintiff did not
have any interest in the property at issue aftel' she was told by the Tax Assessor and others that
i. Plaintiff was contacted by Paul Endler, the Tax Assessor for the Borough of Roselle Park.
and was informed Utat the Borough otlicials were auempling to stcal his property.
Count I
(Declaratory JudL'TIIentl
28. Ordinance No. 1236 was duly adopted and publicized pursuant to law and vacated the
subject roadway without reservation of any pedestrian walkway on or about April!l, 1983 (See
Exltibit A).
29. As a result of Defendants' actions in entering upon Plaintiffs' property, interfering with
Plaintifl's' use and enjoyment of the property and threatening Plaintit'6; and their tenants with
irreparable harm, If the actions of the Defendants are allowed to continue, Plaintiffs' rights under
30. Defendants' actions, asserting a defined easement over Plaintitfs' property, when none
previously existed, is the taking of his property without due process oflaw and will result in
irreparable harm to Plaintiffs.
WHEREFORE. Plaintitfs demand judgment against the Defendants:
A. Enjoining the Detendants from entering upon the Plaintiffs' property and
B. Declaring that Def'mdants' claimed 15 foot right-ot:way over
Plaintifl\;' property does not exist and that Defendants have no interest in the real property
commonly known as 293 West clay Avenue. Roselle Park. New Jersey.
C. Awarding Plaintifl's attorneys fees, interest and cost of suit.
D. Such other and further relief as the COllrt may deem equitable andjust.

Slat\'_
31. Plainti ffs repeal and reallege all of the facts and al1egations contained in paragraphs t-30
'7 ,_.
On or about December 15. 1999, Guilda Delorio, lhe owner of the property adjoining
PlaintijTs. was granted a usc variance by the Defendant Borough 10 expand her business and
construct a catering hall 011 her non-confonning lot located at 301 West Clay Avenue.
33 Over the objections of ['laintiffGcorge D'Agostino. Guilda De Iorio sought and received
pennission to expand her business which was located in an R-2. Two Family Residential District.
34. Site Plan Approval and the above variances were granted to Guilda De Iorio on the
condition that she complies with the provisions of a specific site plan drafted by Ilarbor
catering. hall without complying. with the requirements set lorth in the Harbor Consultants Inc.
site plan.
36 Guilda Delorio is the mother of Joseph Delorio. the Mayor of Defendant Borough. at llle
lime at issue.
37. PlaintilT George D' Agostino requested that Defendant Borough, Joseph Accardi enlorce
thc site plan requirements upon the Mayor Delorio's mother but Defendants have refused to do
so.
38. Inslead, Defendant Borough, with the aide and assistance 0 r the other Defendants
engaged in a course of rctaliation against Plaintiff George D'Agostino, violated his constitutional
and civil rights and sought to take and/or encumber his propeny without compensation or due
process oflaw.
39. When Plaintiff George I)'Agostino inquh'd at a Borough Council meeting as to why
Guilda Delorio was permitted to operate her business without the lighting and handicap
including but not limited to Mayor Delorio and Defendants Accardi and Miranda harassed aM
intimidated PlaintilT D'i\gostino by dcmanding to know where his handicap parking spaces
were, even though the Council members knew or should have known that Mr. D'i\gostino's
40 During the same time period that Defendant Borough was refusiflg to enforce its land usc
and zoning ordinances against the Mayor's mother, Defendant Borough wilh the aid and
assistance of Defendants began to issue warnings and threatened Plainlins with lines and
previously sought to enforce against Plaintiffs,
41 Plaintiffs were being threatened and harassed by the Defendants, Derendants threatened
Plaintiffs with tines and penalties tor the location of their trash bins. even though they had been
located in the same place for years without complaint. Delorio operated the commercial deli
next door to Plaintitrs' rental and did not have a required trash container, Instead, the Defendant
without charge or complaint. When Plaintiffs brought this mailer to the auention of Defcndalll
Borough, nothing was done ami the Defendant Borough continued to pick up and dispose of the
42. The actions and inactions of Defendants constitute impermissible selective enforcement
law and violate the equal protection and due process rignts guaranteed to PlaintilTs under the
43. As a result of the actions and inaction or the Defendants. PlaintilTs have sutTered and will
continue lo suffer damages.
44. Defendants' actions have violated PlaintilTs' rights under the New Jersey State
ol"the laws in this State.
45. As a proximate result or the Defendants' actions, Plaintiffs have been damaged and ",ill
continue to suner damages
WHEREFORE: Plaintiffs demandjudgmenlagainst Defendants as follows:
1. Enjoining Delendants Irom any fulure acts, actions or activities that would
interfere with Plaintiffs' rights under the Constitution orthe State of New Jersey;
2. Awarding PlainlilIs damages, including compensatory, exemplary. and
punitive damages, statulory penalties, atlorneys fees, interest, and costs of suit and
other such rcliefthat the court deem equitable al1djusl.
CO_UNT III
m ~ ~ p a ~ s
of the Complaint as sct forth hcrein at lcngth.
47. Detcndants' actions. including the actions of Defcndant Cahill in his individual and
representative capacities. and John Does 1-5. individually and in their rcpresentative capacities.
in entering upon Plaintiffs' land without permission. constitutes a trespass l1pon Plaintiffs' land.
48. As a direct and proximate result of the Defendants' trcspass. Plaintins have sl1tTercd and
WHEREFORE. Plaintiffs declare judgment against thc Defendants lor damages,
and such other and further relief as the Court may deem equitable and just.
CQ!JNTJS
(Taking ofLand W!th9\ltDuc,l'rQeess aMCQmpell;><1!!Qn)
50. Defendants' actions in asserting an easement over PlaintiITs' land. which did not
previously exist, cOllstitutes a taking without proper process and compensation to thc Plaintiffs.
51. As a direct and proximate rcsult of the Defendants' actions, PlaimiITs have suffered and
will continue to sutTer damages.
WHEREFORE, Plainlii1s declare judgment against the Defendants lor damages.
inell1ding compensatory and punitivc damages as well as attorney's fees. interest and cost of suit
and sueh other and further relief as the Court may deem equitable andjusl.
(OlJNIV
(1'1 .. J vi! Rights...1\Cl)
52. I'laintiffs repeal and reallege all of the facts and allegations contained in paragraphs I-51
53. Defendants' actions in dealing with Plaintiffs from on or about January 1,2010 have
deprived Plaintills of substantive due process and equal protection rights and privileges andlor
immunities procured by the Constitution oflhe Slate of New Jersey and the New Jersey Civil
Rights Act.
54. J'laintirls' exercise of those substantive rights, privileges andlor immunities have been
interfered with by the Defendants by threats. intimidation and coercion by a person or persons
acting under the color orIaw.
55. By the Ddcndants' actions. Plaintiffs have been and will continue to be damaged.
A. Enjoining Defendants Irom violating Plaintiffs' substantive due process or equal
protection rights. privileges or immunities secured by the Constitution of the State of New
Jersey or from interfering or attempting to interfe!C with Plaintiffs' exercise of those substantive
B. For damages. including compensatory and punitive damages;
C. Attorneys Cel-'S. interest and cost ofsuit;
D. lor sueh other relief as the Coun may deem necessary and just.
COUNT VI
(PUBLIC POLICy)
56. Plaintiffs repeal and reallege all of the facts and allegations contained in paragraphs 1-55
oftre Complaint as set lorth herein at length.
57. The actions and inactions of the Defendants as they relate to the Plaimiffs' rights and
freedoms and the acts alleged herein arc violate of the I'ublic Policy of the State of New Jersey.
58. As a i r e ~ t and proximate result of the Defendants' actions. Plaintiffs have suffered and
will continue to suiTer damages. including the deprivation of eivilliberties.
WHERI::FORE, Plaintiffs demand judgment againsllhe Defendants lor damages,
including compensatory and punitive damages, attorneys fees. interest and cost of suit and such
other and further relief as the Court may deem necessary and j ust.
COUNT VII
(RETALIATION)
59. Plaintiffs repeat and reallege all or the facts and allegations contained in paragraphs 1-58
60. The acts of the Defendams were undertaken in retaliation against Plaintill5 for exercising
of grievances.
61. PlaintirrGeorge l)'Agostino approached the Borough Council to point out the selective
enforcement of the laws against him as opposed to his neighboring property owners. In direct
t\.'Sponse to PlaintifTI)'Agostino's actions, Defendants rctaliated against him.
62. As a direct and proximate result of the retaliation by the Defendants. i)'Agostino has
been and continucs to be damaged. including damages to his repuLation and emotional distress
damages.
damages. including eompcnsatory and punitive damages, emotional distress damages, attorneys
fees. interest and cost of suit and such other and further reHefas the Court may deem equitable
and just.
COUNT VII!
(TORTIOUS INTEREI'FRENCE WITH CONTRACTUAL RELAnONS)
63. PlaintilTs repeat and reallege all of the facts and allegations contained in paragraphs 1-62
orthe Complaint as set forth herein at length.
64. The actions of the Defendants. including but not Hmited (0 Defendants Doreen CalL
Vincent Cahill. Carl Puccio. Modesto Miranda. Joseph Accardi and John Does 1-15. in their
individual capacities. since January l. 2010 and continuing forward have interfered with
Plaintiffs' eontractualrclations with their tenants.
65. As a direct and proximate result of the Defendants' actions, Plaintiffs have suffered and
WHEREFORE. Plaintiffs demand judgment against Defendants for damages, including
compensatory and punitive damages. attol11eys fees. interest and cost of suit and such other and
COUNT IX
(TORTIOUS INTEREFERENCE WITH l'ROSPECTIVE ECONOMIC GAIN)
66 PlaintifTs repeat and reallege all of the facts and allegations contained in paragraphs 1-65
67. PlaintilTs have had a rclatiOl1ship witi1 the tenants at 293 West Clay Avenue, the Center
lor Family Support. That relationship has resulted in an economic benetltto Plaintiffs.
68. Plaintiffs had a reasonable expectation that the economic benefit they enjoyed through
the relationship with the Center for Family Support would continue.
69. As a direct and proximate result of the actions of Defendants, including but not limited to
Dcfcndants Dorcen Cali. Vinccnt Cahill, Carl Puccio, Modesto Miranda. Joseph Accardi and
John Does 1-15, in dlcir individual capacities, Plaintiffs' reasonable expectation oCtheir
economic benefit with their tenants has been affectcd.
70. Plaintiffs have suffcred and will continue to suffer damages as a result therefrom.
WHEREFORE, Plaintills demand judgment against Dcfendants lor damages, including
compensatory and punitive damages, attorneys fees, intcrcst and cost of suit and such other and
Plaintiffs hereby demand trial by jury on all issues so triablc pursuant to Rulcs 1:8-2(b)
and 4:35-1(a).
PLEASE TAKE NOTICE, that pursuant to rule 4:25-4. William J Courtney, Esq. is
LAW OFFICES OF WILLIAM J. COURTNEY, L.L.c.
CERTIFICATION PLRSUANT TO RULE 4:5-1
I hereby certify that I have no knowledge of any other pending action or proceeding
D'Agostino, e1. al. tiled in the Union County Superior Court under docket number UNN-L-21 03-
action.
Attorney lor Plaintit1s
By:
Courtney ...-
DEMAND FOR mSCOVERY OF INSURANCE
Pursuant to 4: 10-2(b), demand is made that Delendant disclose to Plaintiffs
attorney whether there are any insurance agreements or policies under which any person or lirm
carrying on an insurance business may be liable to satisfy part or all of a judgment which may be
cmered in this action or indemnify or rcimburse for payments made to satisfy Ihe judgment and
provide Plaintin's attorney with true copies of those insurance agreements or policies. including
Attorney for Plainti IT

::;;; :
. ~ - - - _ ...;.. .. , .. ,- , . - . - ~ - - - - . - . - ~ _ - ....
EXHIBIT A
..
..
'."" .. OlUlI!WIClt llO. 1236
all ORDL'WlCl! TO FROim lIlR !l:!E VACATION C"l .\ MUmH
OF ROIlSllVEL'l: S':L"r. nnlEEll tlESr CUl A1JElM: All 1IlE
UlIIGIl VA:.LIrl WUOAD UCllT OF II.\'! III = RQROUCli 01"
ReSEW P.I1l AIlD llESUVIllG nv; EXUnNG IL\Sl!llUTS. IF
m. OF U1:ILI!Y ClnJPAlIUS AllD TIlE lIOllOOOII OF ROSU!Jt PUX.
B1 n OIUlAIlIl!D, by the llayOT Inld CoUtleU of tho Borougb of Xoulle Pari:.
c.:1ac. tb.e tgllow1n& desc:t1bed. pottlO\\ of loosevelt Street. beeveeD 'Nest Cla,
"vom... and tho 1,1h:iah ValllY uiliaad riaht at ,,"y in tho 1Io,""u8b of RooeUe
htk be .,,,1 'be "_ \laney YlluUd,
LZGAL DESCRIPTION
at the point of int.r.eetiall of the northerly of
W.st Clay Avenue with the ..... t.rly sideline of loovelt Stre
'thanea (1) lIauherty olong the ....terly siUaa of lo.....,.lt Street
102.71""f"p1-or OIinus "t"-4 jiOin..d4 poin. beiog d1stant llllrtharly
100.00 fue frOll the northerly tidaUn. of lIest Clay Av.nu. measured at
rigllt engl... thera.o.
n.nce (2) Easterly paraUel t. the nortberly sideline of W, Clay
j:.,enue: &ud ciista-at ftorthel'ly 100.00 i4!et 1ae&4Q.I11:d at r1.a:ht an,les
'braugh the aaov.lt Street right-of-way (60.00 in width) 61.63 feet plus
Of ainu. tQ in I&stlrly sideliua of lcosevelt Street.
!bene:. (3) S01,:the:-ly alana the ...sterly .1d.u.n. t:f J.ocvelt Street,
102.71 faa, pbJs or lIlinus to a point in ohe DOr.herly si4eline of \le.e
C
1o
,A"""ue.
Thence (4) lIest.rly, alc'a the north.rly lin. of w..o Clay Av""....
61.63 feet p1... or lIlinus to 'he point of BECIIIIIINC.
Ind tenrvi':1l. 1:011. 'tba forep1:ng vacation, t.la&H
and extlRsuislml!1lt. all risbt prinl.su and ......nu. 1 any, of the
10rouSh of 10..11. park. Public Serviee ElectriC & G;ls Coops.y. !lew J.r..,
Bell t.lephon. Co1apany. Uhabothto... V.ter Cllmpany and El1ub4tbtovll G4s CllIlll'U>y.
SiC'!IOli 1: All .rdinances or part. of ordinances inconsistent nth the
provislons oJ this ordinance are ho:.by rap.al.d,
ilEC'rlOll 2, this ordill8lll:hall take eft.ct It the e"", and in the
rann.: pnscr1bed by 1..".
!naoolueed: !lArch 28, 1983

Atte.st: 'I J
Borougll
APR 11 \983
J.dopeed:
P.esidtsll
aOftQUOK CURK

of }lurk
IH TWI CCUHn 01=' UtUOM
IOSIiLU ... .liaslY .'f:O,&
July 7, 198.3
M1!. IIobert S. CJ.aus',
ClAWlI 5t'QUo I 1=.,
293 V. Clay AV'llII'
IoIIU, luk. 1l.J
.- lio Iir-;-cr.....'- ..-._--
lInerod 1I.revi.h 11 eon of Bo-coup .rdl.n&ne. #1236
which " .. &doptod ., Kaye. 11M CcuneU ott A1lT11 11. '1983.
Iy .1rt". of eM .""pei"" lIN! pubUc.tion of
mil YO" __ t. til, II'14dl. of eh1t pOrtin
of lIoo.oYe1t St'r t u ."t1111&4 tIIe.tin and """ to
..Ice ....y chao... 1"" duir., .
Mr. P;1s1JlQ 1lu ukld. to nll:wl ye. tb8t h' is 'till
W111t.:iDS :&cd;p't of .the eueen.1: prw:i.oualy Ieee CD you
fa'! yoUX' aKUtioDe
Too", "':YO truly,
. -,
;... ': i:'" -." ".,' .

Bcu:..p Clark
Iobert Zq1auk1
. lolf.... 1,. PiPllo, !1lI.
Decl<tr. Collector/'ltuov.rar
IV. Pau.l ilIlIl.. .
IV. Donald Gua:rr:i.aUo
..
... .. ..... ;
.. ' . ,. . ..... ". .". .,.""
. .... "- .. .. -"--=._"- '". .
EXHIBIT C,;
M)RClUOH Q",&M
201." I.ol6GZZ
\
"
Juri
1M 7\1; 'CU"'"
,..u. Hrw JIiRSIT mu
July 7, \983
lIr. & Kn. V, D.lorio
301 ,. CUy !v""".
acILe Park. N.J.
Our llr. & lIr... Deloria'
Encl';".d ber_i.tb is tOp' of IoroUlb Qrd-.o 11236
""leb HI adopted by Kayar &:ld C_tU "" April 11, 1983.
ll)' 'rirtUe of thl 8114 tequ1reli ]iUbl1OAUOIl of tbis'
or4inance. you. DOW awn to tho ..,delle' of 'r.hf.s po.tiOD of
.,.,....elt Strut III ""tlillod eiiete111 ad )IOU eu. proceed to
aoke cbaQl.' :rea dira.
'. '.
'fOUl'l trulYt
1
'1; j("/ )
, / ,..,., I ,tt,". '110 .... ...,.
J II-..
IGroqll Cluk
enola......
!lIyor lobort L. tegllnk.1
CC: llfouo t. PUIIIO, laq.
Juana D.<lt.or-, COllector/Uoaauret
Hr. Paul IndIct
lit. OOllIld GllIftilllo
EXHI :,TD

.... \1-'-.:--
- ..... . .
0I30JN?Ig: i 1369
All CillI:l1Nll!a PlllmDnl" I'OP. ':BI! WC\Il'lI:I{
OF A PORrICN c;' S'Z'l<Er.
liEST cua. AVl!Nt'E AND rZllIGIl w..r::Ei
IUGlr. CI! tm' IN THE llCIIOJGi OE l'CCi!IU PJUlK
l\llD llE&ilWWl l'U. E:US'rIIiG !l'.:;E)Ilfl'S roa A
PEOESnlIl\N SEllER Am U'l'IU!'!
COIl'llNIES. 12 /\NY.
BE !T 0l<l:>lW""'ml 1:1'{ tll!! l!ayor and CCwlcil of t.'"e Bor:::uqh of ltlsell"
i'!1-'1<, county OJ! Union, Stat.e of Jersey. as fOllows:
SFJ:r.;.ON !. T:-.... !lOrOO<t.l of Roselle Pm:!< has d!!ter:nined that it
is in the =est. .interest of the Bo:cugh t.'ut tllo! st:<!et hereinaf"..u
descril:ed bo va=tIlQ.
SEC'l'IOO II. '1bi stNet m:..m as Se:eet. l:et\oIeen Wert
Clay A'll!!'Ilt! and tht! I.ehigh valley Raili:oad right. of wa in tbe !l:>roJtlh
of Roselle Park, ... = par>..iClllarly descr'.J:ed lm:ein. be ani th&
sane is vacated.
Ul:i\L J:ESC!l!PrICll
at tm ;;Oint of llltersectioo of the northerly
ojAe11:>o of _ Clay A_ "'-t.o, l:!ll! ....,;:erly s:l.<l=lin=
of Street; I:hen::= rlmll.!nt; (1) mr'"..mrly aJ.onq
1:. .... lII!SiSrly siOeline of lb:swlt St1'8l!t 102.71 fl!let
plus or to a point, seid point !:em; <l1stant rmtb-
erly 100.00 flQt.!:all tile ncrtl'.er1y of Clay
A_ ItIIaSW:'!d at ri<;jht anqlu t!".eteto: ':hen::e
(2) easterly parallel to the JUt.ierly !idel.il'.e of
Clay A_ aIld disunt rr:u:tlleriy 100,00 fat lII!!UI.Ir8Ii
at riqht lIIlg'W tbo.. ...to, t.l!r'OI19h tlle 3:O_lt
right ot "'irt 160,00 :'to in widtl'll 61.63 rest plus or
1IIi... to a poiri in 1:.'18 lWItl!rly sidlllint of _"'lit
Street; tl'.&IlC! r.mr.i.", (3) som:.ierly ala>; 10118 easterly
sidelirle of 1b:lse'Jelt St.."'eet, 102.71 feet plus or
to a t:eint in tol1\; SiAII1 '''' of 1Iest. Clay ],wnJe;
the.'lCe rZ&"lq (4) ;,e5=ly, the Ilr'"Jlerly line of
\\lISl: ClAy Avel'JJ6, 53 :=t. ?11lll e: llIillue Uj ':.'le \101nt
of EmmlG.
s<r:7...oN ::r:. i'mt t!O= Q:eS here!ly resuve f:an tll!! fareqcinq
vacaticn. ralease ani e:rt'::;uisl....nt., all privilages ard all
l!l<ist:in<; fer a .,.,ae.... ..rian sanitar! _ and Iltility
if mfr ei 5el:v'..ce aec:-_-i; an:! Gas New
Jer.!llrj C::lpny. El'Z8be't.'1tc'NlI Water C<:!q:i!ny m!.
Elizai::e':ht.own Ga.s 'Ihe Bi:ll:o"..gh <l= ;.... ""by re--...3i..'\ the riqt:t.
to m:ntain, ::p!1"al:!!, repair w."replace l.'y or by ill1.y
or a lloiller of a f=anc.'ti.!lIl Bomugh a.'TJ and all pip!s, COldlits,
mains, .. faci:it'/ or !or the
mintenar= or .tile afonmlm:icnad eallIIl1I!rt'"-S
located in l:.'le st.-eet or a. f vacatsi ":ry this ordi.nan:e.

I
"
-,
W:ltlilr.ar.ea or '3i'eration fez: any of easement.s now
i::. il:..:'o!!l!t. :::r II .?Qttlon. t.M:uot' vae.. by t.n.i1
S"tC':':011 rl. The a!or!mencioned !, V.C.il;. If(\, for tr. : son
there: is no Mttd. EOl: a rcadw41 i:l a!oreme:ntioned
StcT!ON v. All with upxeep
of ... 114t'l1ri for tha of tbe Blsement.s
sn.ll Qf O( th_
VI. P. riqht-of.. .ay ar.&i .....m.n'l: is rUl!!'ved
{oregeinq ::) be vae3t.ed tor ba.nel;:. of tr.a !kl.rcuqh
of Rose l:!.e Parle. i.J1Ci pu,b1ico t'l cOIp&ni.. a j as may be lpplica:Ole I
foz ,"urS:CH of ane. "qrtSS O\Itr ..nd upon th. premises 't.::l
-- -- _. UiDtain. : .."...i::, inSPIIlC:o:. or U?bc:e. I.ft
l
!' and. 41l exisc.nq

!=:'1'tOll "1.1. ':'h!9 shall ta.:<. e:t!.c::. at the t.i,m .and
.irs to,. lU.!'\UI.r l.lw i:l on!) Ivsn:, "''''11': ic taka
prior to :eir.q b th'l! off':!; ..=- o'! the anion
and the beinq a
the of J.1o,.. lle "$ Cild..a. Di:i:Qri.o. 11\ the eVent.
5aid s::ee.t !s not 2J! 1986, this ordinance shall
te d'tueC. a :fulU':.1 and. a! no 0'1'; s!;cet..
!lITIOIlUC!:!l. June 9. 1986
'.
0
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f \"t .. :;
.IIlOI'TElJI
AT'!'!ST:

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JEAll &t!WI. .1<::"'91< C:..:<
! hen'y ",,:::1.7 th. b. & c-:ua and
CQ" of aD orclit&aace aciQ1)tacl a,. the
= C!::u'Qcil at & tlsular tMtltiftl Mld.
June 23. 19&6.
I herecy certify the foregoing to be A
=oFY of an
adcv:sc by t.::'e :1a7r?: and ... .-:t....
t :.d ..
Jo"" 'l<aenan. ll<>r""p. Clark
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ReG1STER
QfU)!'AAt<Z S,
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AN roR. 1'Ht VA.;.;":':ON
Of A POR1:'O' ... CI ilOOSi'li:I.'1'
wtS! CU't Avtl'lJ'E AND !.EHIl:a VAUE":l RA !L).OM)
lUGllT or Wl.1 :M \'lIE IlCllOOGH CIf' ROSEl.Lt
;.NO n'SovtNG ALL FOR A
tiALK'."A"t .s;:...'1ITAR'l St'olt2 AND
!r ),NY.
.' .
, .
Ear1:,
BE !T Ily lIlyor Council o! the o! ?...ll"
Caur.:.y UnioR, o! :ill..., JU'IIY, &S 0110\11:
S'EC:':ON !. icrQl..:l)l\ of ilosdll!: hll d.t.u::aine<! thil: it
is trw i..'\-=.eru.c, tl\& .that. tl"Jl strte-:. herainA:='t.ar
c!asc::ribed !:. VKAt.o.
S!.C':!OM I!:4 n. 3t:'e.'t. 'knQ1olR 1.1 ilQose'lel: Sut., l;:litwn Wut
ClAy .&nd !.ehiqh Valley Railroad :iq!'\: of Vly L., t.tl.
of Roselli ?U'1c., a.s more ,pct.':'CJl.a:ly berein, De And the
llIMRe is vaatec.
DE!CBIn:tON
iiEGIlmING at. t.."'1e point. 0; i:u:e1'lec<:.iClft of 1;b*
aid.lin. of Cl.&y Ave:pu with the Il;Utttly .ide.1iM
of .\\ooseval't: SeNt. C.heDCli nac11\9 tlJ ft,Ortbe:rly aloe:;
th. we,..4:11 J:.d!lin.e of ]loClls.vdt. !!IUltet 104..71 teet
plus or ,aU.nu. t.c " point.. said c!ist:an't. M%th-
ttly loo.OO fe.t tram the r.ort."e:!.1 .ddeliM: Qf Clay
klrs:N. at. :::l.qht .a.nqla. CMDC'e runnirtq
t21 ea$;:;er1:{ 9&nllel t;.C1 tr.. nor;.hU1y sitaline cf We1:.
Cl.s1 Ave.Z'I\:e a.r.= flOCthlU'ly 100.00 :ut. measl,l.red
at righ:. anq1.u t..;,utc,c, t:hroul;tl tn. RQCsevelt Sco.e.t
:,iglrt ,t ...ay tM.OQ ft. in widthl 61.63 hot pl,. or
a ?C\ir.t; iii 1:hastflrly lid_line ol Roc.evilt
th"ne. ""nUn<; (3) acutr..rly alcn9 easta:ly
of $e.:eet, 102.11 f t plus or _inus
i. po::..nc in 1;.;'e sid!l1r.'i W-e Clay ;l.v1\I:ue:
:",.:.nr.i:o.q (4) daft';' the Une of
'de5t hY'er.u44 6L63 plu:s 0:: lIinus b the point,
o!
l!:. The =or::uqh de.s h....bY res......a from tll<! fe<09o:':19
'la.c.1tign, ttl.else &nd All ptiyil.qe! and all
tltutj,nq ...Slll'flt!J'1t3 fo: a p.daseim san1t.aty sewer And
a4'Snlen'gh if any, oi ?\lel:.: iuvi.c:e Uaa.:ic a:r.:l Cu CQAp&ny,
Jersey 81U C:1lIp4ny I Ell.:a!:t'th'tOWft WI tor and
Zli::'botllrO"!\.0...5 C<::mpany. r.:. ilo",u911 dou her"by reta;'n .lIe r1911t
':1) .. npaix .ani ni'1act: by 1".611 or by An lic:liInle4
or _ f:tanchise :rOlll t.."W IOrou.;-h ;IUT'! and A.l.l eontuits,
SbUS, OC any or tQe the
.olIi...
/'
//
"'-

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SEC"::!.C!I rI. aforenenticr..ed !ltnet is W!Cated for 1::... resell
':."lac o::..1'\ere is r.e!O. for a rr..Aiway i., the atorerae;rtioned location.
SECl'ICN V. All am rspaio, te<]ethar upkeep
of 1lIIa:e...er natu..... for t:-.e maintenance of t!1ll afoI'l!ll8:ltioned easlIllr.Its
.hail J:l!l2!.!1 with the Bort:l>;;h of ft:lseUs Parl< or t:he utilities.
s:a::=:::cw VI. II r..ght-of-woy m:l eaae:nont is rese........-i
to'".!! foze<;oing ;>..'"err:i.ses to lllI ....<:ated. for tl:e l:erlefit Of t!'.s l!Or:;uIJh
c: Ilcselle Park and all """lie as may be
:0" t=e ?J,-'"';:<lS8 of iJ:<;r'ass an:! "9'=ess O\<U; iIlld .,..,n t:ha tI:>
::lai.""lt3in, or replace Mrf IIlli all existin:J ue.lity
facilities.
Sl:.CT!Oll1lJ::. 'l'his ,,"'Ii:'l4."lCe ehall t<llte e:feet et the tim!l and
:..'>e by lAW but, in no e.-nt, shall it take effect
pric: to J:o..ins =r.led in. t.">! offices of tbl thion eo"".ty ....,uttar
ani prior to the street l::eirq 1nproved PltSl>'Ult to a certain aqrearent
!::el:>leen the 3OrC\lI;h of !'<>Selle Pm and Gilda Oilor..o. In the <M!nt
t:-.at said st.,.....,!: is not ir.provod by JIlr,e 1, 1986. this shAll
l:e desred a rullil;'"l 3fld of "" :orc:e or effect.
!Nr?C=, ...rch 10, 1996
Harc:!l H, 1986
1ItOP6l,:_--..:. _
rCTtST:
....... -...., . "
/C'U--l-. L/:
.<:;'M Clerx
.:t.
(L
.
. EXHIBITF
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NCIM .
X H I I T ~
LAW 01'FICES OF WILLIAM J, COURTNEY, L1.C
200 Main
P,O, Box 112
(908) 782-5900
for Plaintiffs
FI LE 0
N'R 13 2012
KENNETH J. GRISPIN. PJ.Cc
GfORe-E-l)'AG=-,O::C
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RAILROAIlINDUSTRIES. LLC
PLAfNTIFF
VS
DEFENDANT
: UNION COUNTY
: LAW DIVISION
: DOCKET :-l0, L L 1903-10
CIVil, AC7'lON
: ORDER. PF.RMIlTING PLAINTIFFS TO
: 1:'ILl-: AMENDED COMPLAINT
THIS MATIER. having been brought to the anent ion of the Court by Plainli ITs George
D' Agostino and Railroad Industries, I.I.C, by and through their William J, Courtney.
Esq. ofrhe Law Offiees of William J. Courtney, LLC by way ofmntion for leave to me an
amended complaint: and Defendant. having received notice by and through its atlomeys. flan)'
M, Cappo Esq, or Ansell Grimm & Aaron: and the Court, having considered the pap.;rs on 11k
and heard the arguments of and good cause having been shown:
IT IS ON THIS K 0-JAYOF _ Ojl!kj __,2012 ORDElU::D THAT,
1. Plaintiffs' motoo for leave to tile an amended <"'''plaint be and hereby is GRANTED in
its emircty.
1.
.
.'.
Plaintiffs shall fik their Amended Complain! no !'Iler4an
/\ copy of this Order shall be served on all parties within 2ays.
( ) '?Posed
( f'\lnopposed

I ..,1 r> ! ".
"...\ ,_.1I ..-. .;,.':')' II I.' ",,'1:;.'''''
LAW OFFICE OF WILLIAM J. COURTNEY, LLC
200 MAIN STREET
P.O. Box 112
(908) 782-5900
RECEIVEDI F!LEO
Superior Court of N.,! J.rsey

CMLCASE MANAGEMENT
UNION COUNTY
GEORGE D' AGOSTINO
Pl.AINTIFF
VS
: CHANCERY DIVISION
: UNION COUNTY
: DOCKET NO. UNN-L-1903-10
--_._ .

\ 1;
co;
c::f .L<.4J-!::..L-.
L. __
CIVIL ACTIO!' rr,:Jf:J
r', r:lt:""' . ,- : >'_LU.. \, :
JOHN Does II-IS, individually and in
; ,.
L,;,
APq ? "J 201
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... --_.......
Plaintiffs, George D'Agostino and Railroad Industries, LLC, hereby complaining of the
Defendants says::
The Parties
I. At all televant times, Plaintiff resided at 1589 Ixora Drive, Naples, Florida 34102.
Plaintiff George D' Agostino was the owner of the property known as 293 West Clay Avenue
(Block 308, Lot I) in the Borough of Roselle Park, New Jersey until he transferred the property
.
of the State ofNcw Jersey with its principle place of business located at 217 Magee Avenue,
Roselle Park. New Jersey 07204. Railroad lndustrics LLC is the current owner of Block 308.
Lotllocaled in the Borough of Roselle Park. New Jersey. which is the subject matter of the
claims in the within litigation. Plaintiff George D' Agostino is lhe managing member of Railroad
Industries. Inc.
State ofNew Jersey and has a principle place ofbusiness localed al 110 East Westfield Avenue.
4. Defendant Doreen Cali (hereinafter "Cali") is, upon infonnation and belief, a resident of
capacities.
resident of the State of New Jersey. Defendant Cahill is being sued in his individual and
6. Defendant Carl Puecio (hereinafter "Puccio") is, upon information and belief, a resident
of the State of New Jersey. Defendant Puccio is bdng sued in his individual and representative
capacities.
7. Defendant Modesto Miranda (hereinafter "Miranda") is, upon information and belief. a
resident oflhe State of New Jersey. Defendant Miranda is being sued in his individual and
8. Defendant Joseph Accardi (hereinafter "Accardi") is, upon inionnation and belief, a
resident of the State of New Jers,ey. Defendant Accardi is being sued in his individual and
9. Defendants John Docs \-5 are fictitious persons whose identities are unknown to
Plaintiffs at this time but are current or past representatives and/or employees of the Borough of
Roselle Park's Department of Public Works. Defendant John Does 15 are being sued in their
10. Defendants John Does 6-10 are fictitious persons whose identities are unknown to
Plaintiffs at this time who are current or pasl representatives and/or employees of the Borough of
Roselle Park's Public Works Department, Defendants John Does 6-10 are being sued in their
\1. Defendants John Does 11-15 are fictitious persons whose identities arc unknown to
l'laintiffs at this time who arc current or past representatives and/or employees of the Borough of
General Allegations
12.. In or around January of 1989, Plaintiff purehased the property known as Block 308, Lot 1
located in the Borough of Roselle Park. New Jersey from Robert Clauss, whose address at the
time was 7 Manitob Circle, Scotch Plains, New Jersey. Prior to the purchase of the property. in
or around 1983. the Borough of Roselle Park passed Ordinance No. 1236 (a copy of which is
attached hereto as Exbibit A) which vacated the portion of the roadway known as Roosevelt
13. Shortly thereafter, and in accordance with the laws of the Slate of New Jersey, tille to the
Roosevelt Strcct. On or about July 7, 1983. letters wcre sent by Dcfcndant Borough of Rosclle
Park to Mr. Class and Mr. and Mrs. Delorio enclosing a copy ofthe Borough Ordinance No.
1236, which was adopted by Lhe Mayor and Council on April I!. 1983. indicating by virtue 0 r
adoption and a required publication of said ordinancc that they each now owncd to the middle
portion of Rocsevclt Street as outlined in the Ordinance and pcnniued them to proceed to make
any changes they so desire (See Exhibits Band q.
14. Borough Ordinancc No. 1236 rcserved in the vacalion of the roadway, "all rights.
privileges and easemcnts, if any. of the Borough of Roselle Park. Public Service Electric & Gas
Company. New Jersey Bell Telephone Company. Elizabethtown Water Company and
Elizabethtown Gas Company" (See Exbibit A). There was no rescrvation of a pedestrian
walkway in the Ordinance. However. after the Ordinance was adopted, there was apparently
discussions of an casement for a pcdestrian right-of-way betwccn Robert Clauss and the Borough
of Roselle Park (See Exhibit B). Upon inlonnation and belief, thcrc was nevcr an agreed upon
easement for a pedestrian walkway over thc vacated roadway aller Ordinance 1236 was adopted.
15. For reasons unknown. in or around March of 1986. Ordinancc No. 1369 was adopted by
the Borough of Roselle Park vacating thc sarne roadway previously vacated by Ordinance No.
1236 in 1983 (See Exhibit 0). Ordinance No. 1369 differed from Ordinance No. 1236 in Ihat it
specifically reserved an casement for a "pedestrian walkway," which was not specifically
16. Three months later, in June of 1986. a third Ordinance 1385 was adopted vacating the
same portion of the sarne roadway and as was the casc wilh the second Ordinance 1369 reserving
from the release "all rights. privileges and all existing eascments for a pedestrian walkway..."
See Exhibit E).
\7. Neither of the Ordinances adopted in 1986 specify the location of any easements for a
pedestrian walkway over the vacated roadway and tne language of the Ordinances themselves do
not specify a localion.
18. In or around January of1989, the property formerly owned by Clauss Studio Inc. was
sold to Plaintiffs.
19. From 1989 up until approximately January 01'2010. Plaintiffs enjoyed full access to its
one-half portion of the vacated roadway. Pedestrians. on occasion, crossed over both sides of tne
located on the northerly portion of the vacated roadway. At all times relevant hereto. up until
approximately January 20la, the tenants of Plaintiffs' property located at Block 308, Lot I. or
morc commonly known as 293 West Clay Avenue. were permitted to park on the side of the
official that it would be improper to park in that location and at no lime were the tenants ever
threatened with Summons for parking at said location pri9L!.Q..ll\lluaryJ9JQ.
Avenue and the business located on the other one-half of the vacated roadway at 301West Clay
1\ venue. That business. lotio Deli. is upon information and belief operated by Joseph and Guilda
22. Joseph Delorio was the Mayor of Rosclle Park.
operaled the Center for Family Support, a day program for disabled adults.
24. Mrs. Delorio requested that the employees of the Center tor Family Support relocate their
automobiles so that she could use their parking spaces for patrons at her facility. Although thc
tenants had in thc past capitulated to Mrs. Delorio's requests to move their vehiclcs, they advised
PlllimHTthat they werc uncomfortable having to relocate their vehicles evcry time Mrs. Dclorio
25. In response to Plaintiffs' tenant's requests, Mr. D' Agostino approached Mrs. Delorio and
requested that she not demand that ~ tenants relocate their vehicles. Mrs. Delorio's responded
by indicating that she would use her influence with her son, the Mayor. to make certain that
1'Iaill\i.fJ:. tenants could not park on their side of the vacated roadway and that the disabled
clients ofthc Center for Family Support would not be able to utilize the roadway to get on and
26. Shortly after the threat by Mrs. Delorio. PlaintilI, along with the tenants locatcd at 293
West Clay Avenue. encountered a continued course ofbarassment and retaliation from the
following:
A.. Receipt of notice by the Borough of Roselle Park. indicating that the tenants of 293
West Clay Avenue were blocking a sidewalk easement in violation ofthc Borough Ordinances
and thcn demanding that the activity cease immcdialely. The &rough also accused George
D'Agostino of misleading the tenants by placing signage on the building falsely indicating that
The tenants. however, had been parking in that area and Mrs. Deloria patrons had also
been parking in that area for several years and no official from the Borough evcr indicated that
B. Representatives of the Roselle Park Police departmcnt in their individual and
representativc capacilies, Police began showing up at the location and advising PlaintiITs' tenants
thai they could not park in areas where they had previously parked. The tenants were also being
belief. many of the police officers thal showed up on Plaintiffs' property were not dispatched by
the Borough of Roselle Park's Police Departmcnt and were. upon information and belief. acting
in their individual capacities under thc color of law.
C. Without notice. on or about May 10, 20I0, cmployees from the Department of Public
Works of the Borough of Roselle Park, acting in their individual and representative capacilies.
entered upon p!w.J:\ti ITS: land without prior conscnt or approval to paint lincs in the parking 101,
indicating a 15 foot wide easemcnt (See Kthibit G). Defendanlll Vincent Cahill, Doreen Cali.
Modesto Miranda andlor Defendants John Does 1-5 andlor John Does 11-15 directed said
feet to (meen (15) feet. Representatives ofthe Borough havc indicated to Plaintiffs that !hey
would be returning \0 the property as early as Monday May 17,2010 in order to paint permanent
lines delineating their claimed 15 toot casement across' Plaintiffs' private property and
prohibiting them or ~ tenants from utilizing same.
D. Upon intormation and belief, Ocfcndants Accardi. Miranda, Cahill, Cali. Puccio and John
Docs 1.15 look actions to deprive Plaintiff., of the ownership of his property along with the use
and cnjoyment ofthc property. Defendants further actcd individually andlorconspircd with each
other to interfere with Plaintiffs reasonable expectalion of economic gain and contractual
relations with his tenants because they kncw, or should have known. that their actions would
effected.
F. Defendant Doreen Cali, individually and in her representative capacity as Clerk lilr the
Borough of Roselle Park.. the Borough of Roselle Park along with the other Defendants. in their
individual and representative capacities. acting under the color of State soughl to deprive
Plaintiff of his rights including, but not limited to the right aftbrded to him undcr the
counsel to consider his complaints concerning the violation of his tenants civil rights. When M,.
O' Agostino sought to address what he believed to be racial based of the employccs
of his tenant. he was shut down and was not permitted continue to raise complainlS and speak
Plaintiffs temult was the Center for family Support (CFS). This organization was
essentially a day program for disabled adults. After the Plaintiffbcgan to voice his objections
concerning racial harassment ofCFS, employees andlor representatives of the Borough Roselle
of Cl:'S utilize and access the facilities. Plaintiff attempted to voice his objections about these
subsequent actions, but was again not pennilted to do so.
As a further cxample of deCendant' s violatioll of Plaintiffs rights, plainti ff was
F. Upon information and belief, Defendants Doreen Cali, Joseph Accardi and Modesto
Miranda and John Docs 11-15 attempted to have the laX map of the Borough or Roselle Park
Delorio and that Plaintiffs owned no interest in the properly. Defendant Cali. specifically.
threatened individuals and ultimalely assaulted the Tax Assessor for the Borough of Roselle Park
the roadway. He also indicated to Defendants thaI their al\empts to torce him to modify the tax
maps was illegal and Ihat he could not comply with Iheir requests. The harassment of the Tax
G. During tbe time that Defendants were harassing and retaliating against Plaintiffs. Plaintiff
beeame aware thal his neighbor Guilda Delorio was not in compliance with a site plan approval
lhal was previously granted to her by Defendant Borough of Roselle Park. When he attempted 10
Roselle Park Code Enforcement Ol1iee) he slammed the door in Plaintiffs face and refused to
H. Defendant Doreen Cali also misrepresented to Council Members that Plaintiff did not
\. Plaintiff was contacted by Paul Endler. Ihe Tax Assessor ror the Borough of Roselle Park.
Count I
(Declaratory Judgment)
27 .PlaintiffS repeat and reallege all of the facts and allegalions contained in pamgraphs 1-26
28. Ordinance No. 1236 was duly adopted and publicized pursuant to law and vacated the
subject roadway without reservation of any pedestrian walkway on or about April 11, 1983 (See
Exhibit A).
29. As a result of Defendants' actions in entering upon Plaintiffs' property, interfering with
Plaintiffs' use and enjoyment of the pl1lperty and threatening PlaintitTh and their tenants with
irreparable harm. If the actions of the Defendants are allowed to continue, Plaintiffs' rights under
the New Jersey State Constitution to possess and" protect property and enjoy the equal prote<:tion
of the laws of this State will he violated
30. Defendants' actions, asserting a defined easement over Plaintitfs' property, when none
previously existed. is lhe taking of his property without due process oflaw and will result in
irreparable harm to Plaintitfs.
WHEREFORE. Plaintiffs demand judgment against the Defendants:
A. Enjoining the Defendants from entering upon the property and
B. De<:laring that Detendantq' claimed 15 foot pedestrian right-ot:way over
Plaintiffs' property does not exist and that Defendants have no interest in the real property
commonly known as 293 West clay Avenue. Roselle Park, New Jersey.
C. Awarding Plaintiffs anorneys fees, interest and cost of suit.
D. Such other and fUTlhc"l' relief as the Court may deem equitable andjust
~ V T U
(YiQ)atLpnor NC'Y.I9
r
sey Statl:. CO:lnstitutiQ.n)
31. Plainti tl's repeat and reallege all or the facts and allegations contained in paragraphs 1-30
ol'the Complaint as set forth herein atlcngth.
32. On or about December 15. 1999. Guilda Delorio, the owner of the property adjoining
PlaintilTs. was granted a use variance by the Defendant Borough to expand her business and
construct a eateriJ1g hall on her non-conforming lot located at 30I West Clay Avenue.
33 Over the objections of ['Iaintiff George D' Agostino, Guilda De Iorio sought and received
pem1ission to expand her business which was located in an R-2. Two Family Residential District
an incrcasc of the maximum height restriction.
34. Site Plan Approval and the above variances were gnanted to Guilda De Iorio on the
condition that she complies with the provisions of a specific site plan drafted by [larbor
catering hall without complying with the requirements set lorth in the Harbor Consultants Inc.
site plan.
time at issue.
37. Plaintill' George D' Agostino requested that Defendant Borough, Joseph Accardi cnlorce
so.
38. inslead. Defendant Borough, with the aide and assistance or the other Defendants
engaged in a course of retaliadOll against Plaintiff George O'Agostino, violated his constitutional
and civil rights and sought to take and/or encumber his property without compensation or due
process of law.
39. When Plaintiff George D' Agostino inquired at a Borough Council meeting as to why
Guilda Delorio was permitted to operate her business without the lighting and handicap
accessibility renovations required on her approved site plan. members of the Borough Council.
intimidated PlaintitI D' Agostino by demanding to know where his handicap parki.ng sl'aees
were, even though the Council members knew or should have known that Mr. D'!lgostino's
40 During the same time period that Defendant Borough was refusillg to enforce its land use
and zoning ordinances against the Mayor's mother, Del'endant Borough with the aid and
assistance of Defendants began to issue warnings and threatened Plailltills with lines and
penalties for alleged violations of the Borough Ordinances that the Delendant Borough had not
41 Plaintiffs were bt:ing threatened and harassed by the Defendants. Del'endants threatened
Plaintiffs with fines and penalties for the location of their trash bins. even though they had been
located in the same plaee for years without complaint. Dt:lorio operated the commercial deli
next door to Plaintifl's' rental and did not have a required trash container. [nstt:ad, the Del'endant
without charge or complaint. When Plaintiffs brought this matter to the attention of Defcndant
Borough. nothing was donc and the Defendant Borough continucd to pick up and dispose of thc
commcrcial trash without charge to Guilda De Iorio or her business:
42. The actions and inactions of Defendants constitute impermissible selective cnforcemcnt
law and violate the cqual protection and due process righ.ts guaranteed to Plaintiffs under the
Constitutions of the United States of America and the State of New Jerscy.
43. As a rcsult of the actions and inaction of the Defcndants. PlaintilTs have sulrered and will
continue 10 sufler damages.
44. Defendants' actions have violated Plaintiffs' rights under thc New Jersey Slate
Constitution to acquire, posscss and protcct property and to the equal protection and due proccss
orthe laws in this Statc.
45. As a proximate resillt of the Defendants' actions, Plaintiffs have been damaged and will
continue to suITer danlagcs
WHEREl"ORE: Plaintiffs demand judgment against Defendants as follows:
\. Enjoining Dellmdants tram any future acts. actions or activities that would
intcrfere with PlaintilTs' rights undcrthc Constitution of the State ofNcw Jersey:
2. Awarding Plaintiffs damages. including compensatory, exemplary. and
punitive damages. statutory penalties. attorneys fees. interest, and costs of suit and
other such relief that the court deem equitable and just.
CO_UNTIU
m ~ ~ P ~ s s
46. Plaintiffs repeat and rcallege all of the facts and allegations contained in paragraphs 1-45
of the Complaint as set forth hcrcin atlcngth.
47. Defcndants' actions. including the actions of Defendant Cahill in his individual and
representative capacities. and John Does 1-5, individually and in their representative capacities.
in cntering upon Plaintiffs' land without pennission, constitutes a trespass upon 1'1ailltiffs' land.
48. As a direct and proximate result of the Defendants' trespass. PlnintilTs hnve suffered and
WHEREFORE, Plaintiffs dee\arejudgment against the Defendants for damages,
cQI,JN'rW
(Taking of Land WithQ\lt
49. Plaintiffs repeat and reallege all of the facts and allegations contained in paragraphs \.48
50. Defendants' actions in asserting an easement over Plaintiffs' land, which did not
previously exisl. constitutes a laking without proper process and compensation to the Plaintiffs.
51. As a direct and proximate rcsult of the Deflindants' actions, Plaintiffs havesuffcrcd and
will eontinuc to sutTer damages.
WHEREFORE, PlainlilTs declare judgmcnl against the Defendants for damages.
and such other and further relief as Lhe Court may deem equitable and jus!.
(OUNIV

..,
,_.
I'laintitTs rcpeat and reallegc all of the facts and allegations contained in paragraphs 151
of thc Complaint as set forth herein at length.
53. Defendants' actions in dealing with Plaintiffs from on or about January \.2010 have
deprived I'laintilTs ofsubstantivc due proccss and equal protection rights and privileges andlor
immunities procured by the Constitution of the Slate orNew .Jersey and the New Jersey Civil
Rights Act.
54. J'laintiiTs' excrcise of those substantive rights, privileges andlor immunities have been
55. By the Defendants' actions. Plaintiffs have been and will continuc to be damaged.
WHEREFORE. PlaintiITs demands judgment against the Defendants for:
A. Enjoining Defendants tram violating Plaintiffs' substantivc due proccss or equal
protection rights, privileges or immunities secured by the Constitution of the State of New
B. For damages, including compensatory and punitive damages;
C. Attorneys [CL'S. interest and cost ofsuit;
D. for such other relief as the Court may deem necessary and just.
COUNT VI
(PUBLIC POLICy)
56. PlaintitTs repeat and reallege all of the facts and allegations contained in paragraphs 155
and the acts alleged herein are violate of the Public Poliey of lhe State of New Jersey.
58. As a and proximate result of the Defendants' actions. Plaintiffs have suffered and
WHERI:'I:'ORE. Plaintiffs demand judgment against the Defendants lor damages.
including compensatory and punitive damages, attorneys lees, interest and cost of suit and such
other and further relief as the COlirt may deem necessary and just.
COUNT VII
(RETALIATION)
of the Complainl as set forth herein at length.
60. The acts of the Defendanls were undertaken in retaliation against PlaintilTs for exercising
of grievances.
61. PlaintiITGeorge D' Agostino approached the Borough Council to point out the selective
enforcement of the laws against him as opposed to his neighboring property owners. In direct
t\-"Sponse to PlaintitTD' Agostino's actions, Delimdants retaliated against hint
62. As a direct and proximate result of the retaliation by the Defendants. I)" Agostino has
been and continues to be damaged. including damages to his reputation and emotional distress
damages.
danlages, including compensatory and punitive damages, emotional distress damages, attorneys
fees. interest and cost of suit and such other and further relief as the Court may deem equitable
and jus!.
COUNT VIII
(TOIUIOUS INTEREFERENCE W.ITH CONTRACTUAL RELAnONS)
63. PlainlilTs repeat and reallege all of the facts and allegations contained in paragraphs 1-62
of the Complaint as sct forth herein atlcnglh.
64. The actions of the Defendants. including bUl not limited to Defendants Doreen Cali.
Vincent Cahill. Carl.Pueeio. Modesto Miranda. Joseph Accardi and John Does 1-15, in their
individual capacities. since January 1. 2010 and continuing forward have interfered with
65. As a direct and proximate result of the Defendants' actions, Plaintirls have sutTered and
will continue to surfer damages.
WHEREFORE, Plaintiffs demandjudgmenl against Dcfendants for damages. including
compensatory and punitive damages. attomcys fees. interest and cost of suit and such other and
further relief as the court may deem neccssary and jus!.
COUNT IX
66 PlaintilTs repeal and reallege all ortlle facts and allegations contained in paragraphs 1-65
cfthe Complaint as set forth herein at length.
67. PlaintilTs have had a relationship with the tenants at 293 West Clay Avenue, the Center
for rarnily Supporl. That relationship has resulted in an economic benetit to Plaintiffs.
68. I'IaintiITs had a reasonable expectation that the economic benefit they enjoyed through
the relationship with the Center lor Family Support would continue.
69. As a direct and proximate result of the actions of DefcndanlS, including but notlimitcd to
Defcndants Doreen Cali. Vinccnt Cahill, Carl Puccio, Modesto Miranda. Joseph Accardi and
John Does 1-15, in their individual capacities. Plaintiffs' reasonable cxpectation of their
economic benefit with their tenants has been affectcd.
70. 1'1ai11lil1s have suffered and will continue to suffer damages as a result therefrom.
WHEREFORE, PlaintilTs demand judgment against Defendants l'or damages. including
compensatory and punitive damages, attorneys fees, intercst and cost of suit and such other and
further relief as the court may deem necessary and jus!.
and 4:35-1(a).
PLEASE TAKE NOTICE, that pursuant to rule 4:25-4, William 1- Courtney, Esq. is
hereby designated as trial counsel for Plaintiff in the ahove matter.
Attorney t'or Plaintiffs
CERTIFICATION PURSUANT TO RULE 4:5-1
I hereby certily that I have no knowledge of any other pending action or proceeding
O'Agostino. et. al. tiled in the Unioll County Superior Court under docket numher UNN-L,21 03-
action.
LAWOFFICES OF WILLIAM J. COURTNEY. L.L.c.
Attorney for Plaintit1s
By: .
Courtney ...-
DEMAND FOR mSCOVERY OF INSURANCE
Pursuallt to 4: 10-2(b), demand is made that Defendant disclose to Plaintiffs
attorney there are any insurance agreements or policics under which ary person or Iirm
carrying on an insurance business may be liable to satisfy part or all of a judgment which may bc
entered in this action or indemnify or reimburse for payments made to satisfy the judgment and
provide PlaintiU's attorney with true copies of those insurance agreements or policies, including
Morney for Plaintiff
Datcd: April 23, 2012

"lTIJ.C(;:
. .
. , .
V l I H I H X 3
- . . . _ . - - - - . _ . . _ . - _ . - . - - - - _ . . " . . . .
...........
OlUlIlWlCl! NO. 1136
All IlRllL"WlCll TO PROVIDE 1UI! =VACAnON 01 A 1".lU:roN
OF lClllSllVtL'1' S':L"'E: anliEEll llES! CU'f AVEllll! AlIIl 'tEl!
U1I1GB. VA:.W WLllOAIl UGlI'l' 01' IIAY. DI r.m !OMUClI OF
l\OSELL;; URI AND IlESEllVDlG 1llE 'l:nS'rlJI(; ltA.SnlU'IS, IF
m. OF UULl'1'Y. COIII'AlIlllS AIlD TIlE llOMlUG1l or l\OS4l.U <ARl.
It n OIlDAIlIl!D. by tbe !!ayaT nel ClnmtU af the llcro"sb of llA>sslle Pari<,
tllat th. followlog .escribed portiOI of loo.e"dt Stre't be...... lIest Cla,
An"... atld thl l.eUlh Valley risht DC ""y in tlUl Borough of 11.0",,11.
htl> be and the e.... 1= hen., Vlltnd:
UGAL DESC111"l'1QN
at tbe poilU: of intlrsettiao. of the northerly of
\lIst Clay A"e_ nth tlUl ...terly ddeli of loosevelt Stre.t.
'thence (1) Northerly Ilons the ......t.rly sideUna of loo...""lt Str.et
l02.7l"'ft.tpl-oT "inus til-.p:01nt .dd polJtt bd"S distant 1lllrth8tly
100.00 fe.t fTolI the cOTuerl} lid.li of lIese Clay Avenu. ,""uured at
risht &1\gl.. til...to
fienc. (1) Easterly pUlllel t. the nortbarly .:W<=lloe of IIt1St Cloy
Avenue. .uc1 distant D.Qrtherly 100.00 !et at aDosle. char.co.
through the BooI."elt Street right-af......y (60.00 in ndth) 61.63 f .t plus
or llinu. to a point in the ...t.rly sido11oe of loo,",velt Sexeet.
'Ihenct (3) So1,;.the!:'ly alona the. sterly .1dellne cf bctilvelt Street,
102,71 feet plus Ot minus to a pobt in the DOrtbetly sidelblo of lies.
Clay Avenl1l.
T!\euce (4) lIe.terl" e10nl the north.tly lino ot Weat Clay Avon... ,
61.63 foot ,1... Ot "inuo to the point ot aEGIIlIIIllG.
Except 10g aft......rvins. 11.......... froll the fonaoins "ocI<1ou, relee...
and extiIl8uiaime'Dt, &11 :1;l\u, l'T1vi.lel and use_ntl. if anYt of the
lotouSh of looell. P",k. Publit seniti Baetric & G,os Coopo..y, !lev Jorsay
!oll Telephone ea..pony, Eli.ab.thto.... lIaUr Company end EliuJatll.ow G4s ColllP8J:ly '.
SEC'!!OIl 1: All Dr perts at ordinonees incondstent 91th tlu:
proVisions of, this ordiMnt. ore he.." ..pealed.
stC'!!Oll 2: This ordiD8IICs .hall take effact at ebe t:!Jlle and in the
,..anner prescribed by law.
!ntTOduced: !!arch 28, 1983
Adcpted:
APR 11 \983
BCROUGH CURK
00\114_
III 'lIII COIl"" 0< \I""'"
IOSCLU ' ........ JliISit .,na..
July 7. 1983
Mr. IIDbort S. Claua. Poresld."c
Studta.
293 ll. Clay o\valllla
"'nu' !an, II.J.
-'ooer lir-:"C1'....g,- '.- ... ,-,---._-
Inold 1le.meh u coVl' Ilomup .rdbwlc. 11236
wtI1l:11 v.. I.4opI:lld by MaYOf _ Ooo""il 011 ApT1-1 U, '1983.
By of the dopelOll and puH1t1oa of
thi. YO" ,.", _ t. tlI& II14dl. of thh port10l1
of Itoo ..alt sextet .. O11t1i21od til_in .Il<! II" proceed to
... ony obaGaee you cI..ire. '
l!l:. Pu_ ult.e4. to llIli>ld yo. that 1la u .till
wdUJIS ll'C of.l;ha __c pr..,iOWlly ....e co '""
far yoUr
tours ....-:;y truly_
"
\... ': ...:...... }. ,' .. ,..

J_'I._.
Baroqh Clark '
lobort ZotJ.,ar.ki
, Alto... 10. P1P.=, 1111.
Jeaon. Ilc<:br, CoU..,tor/'l'tunru
Kr. Poul !...n." -
Kr. Dould IlIIan1.Uo
. .
< . J l I H I H X : t I
. - - - - , _ . : - - . : . - . . .
. . . . . .
. . . . . . . . . . .
. .
\
.
1M 'lll' tOU,," 'JflIOH
2CSQ.l.ii ,au. N&'W J&RSIT an"
';uly 7. 1983
liT. , Kr.. V. DeloTio
301 Clay AVlKlU.
RoselLe PaTk, N.J.
lle4'L" llr. , Hr.. DeI.ri.:
Ead':"...t b.rewith is e." of Bol'O"Ih .rd-' 11236
""lob wu adopted by Kayor &:l4 C.....dl all April 11, J983.
\1, .,.irtUe .f elll 1114 r<!quind pabl104Cioll of tb:La
ox<linaftc., you DOW 0WI1 to thl 1I1dd3e.f 'this portio" of
1lIloeevelc Strut u ""cl1nod d,etelll slid )IOU _ I'Tocucl CO
Nke 4llY .cbac,,, you c1ui.e
..
lallrl w:y 'C:'U1'J
0
/1.,,/ )
", . A.-,.,I , .,,(,
. .
Joal 'Zocw>.
10....&11 Clulr.
lIayox lobar. t. Ze,llnlU
cc: lliouo L. l'iaano, !aq.
J"llIla COllector/nUlIUrST
M1'. Paal tDcllcr
lIT. DOIlald GuarrtlUO
a I " ' I H X 3
.'-. y:---
- "-' . .

AN P!lCVmn!:; roa ':BE
OF A PORrICN C'! S'4'llEr. 3E.l'tCN
liST = AV!NCE Mm !2!lIGIl vt-:r:zt
lUGf: r:1! lilY 11'1 THE llCIR:lJ;I OF lCiUl!: PARK
l\1lO l<E&l\VlIL AU. 9.:;l!'JGl'S rtl\ A
SN1'!'Al'l7 Sllla- Al1D DTILXl'!
C04l'llN!ES, If' AN'l.
llI! J:1' b!{ the Ma1/Cr and c..."'1lnCil of the Bor.:uqh of lkl!!l!1l.&
?,,--'1<, COImt:r ot mrll:ln, State of tlf:;I Je=, ell follCW:
sa::-r.;QI !, T:-... l3OJ:OOall of l'.oselle Po:d< has detenlined that it
is in the l:est; llltate5t of t1lIl Bo:cugl1 t.iat. tbl! nereinaf"..u
descri1:ed Coo vac::al:eQ.
S[CI'IOO II. '!ha stNat Jo;mwn as Street, l::etwetn West
Clay A'lelU! ard the !ehigh Valley Rail:road right. of wtri in t;le I!orcIl<,Ih
of Rcl!elle Pa...'"k, 2lS = par"..icll.ar.1y descr'...l:lld Im:ein, te am the
_ is vacated.
IZGlL tES::lW'rICN
BEGDIID> lit tile ;Cint of :Intersection of ere northerly
....<lelio of _ c.l.ay wit." 1:."., -....terly !Iidzolim
of It:osevelt Stxeet; l:henc:s %!mlWlq (1) lJJt'"..barly
t!l. IIl!Smly of ltX:seWlt Stnel:. lQ2.71 filet
plus or :IIi..":J8 te II point, said point l:eiDi distant rrortb--
erlj' lOO. 00 flllt ftalI to'18 smtl'..erly of l'I!st Clay
11_ lI1!asured at ri<;ht ':heIxe %\lIIlIin;
(2) easterly para1) e) te the rmtl1erly lli<El.ir.e of
Clay AvaN1<! ond disunt rcrtlIer1:r 100.00 feat IIIlUllAli
at right enq1e!l t!:!l.....,teI t!lr:lI19b tho Boo_it st:J:eet
right o'f. wl!l'J 160.00 :'to In w:Idt.'ll 61.63 reet plus or
mi.0J11 to a poir.t. it: tlle eastl!rly a1d&lina of IliOOlleVlllt
Street; tl'JIlX2 r=i.", (3) =ierly ala>; the eastarly
s:'deline of SI:-"eet, 102.71 feet plus or :lIi.nus
to a poi.nt in to'le wr..'1el:ly side"!'!S of 1Iest Clay Aveme;
tne.'1Ce r'JI'.ni.'"lCJ (4) "8,,=ly, ak::q the Blr'"Jlerly line of
'IIIlst ClAY l'._, .1.53 ::&1: ?lWl Q; mi:lu. 'CO the
of Jm:;INmlG.
::c. TIm 'E!c=u Cces hereJ>y reserve f..""aIl t."e foreqcinq
vacaticn. release aIXle><t;::quis.":mInt., W rin:s, prlvile9u ani all
for .. s:ede.... ..rian wel'<way, sanitary _ aod utility
-.-es
r
;if rfr of iQbJ.;.c SPrv'.ce !lllc"'_-i.c an:! Gas New
Jer!e'J Bel: Bl:.Z8I:et..'1<::c-'lI 'Nate' iIl'C.
Eli'Z2li:leo:htown Gas :::::-..,ar.y. '!he d::es l-.&::aby """,...ai.." the right.
te :reintain, repair W'mll.ace b!{ itself or l:y altY llc:enses
or a hcl.Cer of a f=arx:.'1ise a."rf and all pipes, c:oDdu.!.ts,
_rs, laW, .. facilit'[ or e:JUi.,:m=nt :or tlle
mint:l!llal= or e;:t!2t:.cn .the a!clrSl!m:iQlllld _..s :x:w
located in t:.'1e 5t..-e!lt or a . f vacat"; "::ry thi.s ordi.nar.ce.

, ;1":'"
.,
"
uJ.nur.ar,cl!I or fez: any of e!::& easement.a now
:"OC.lCld 1:1 s::..:aet. =r Ii ic::tieon vaC:3:'!'d by tonis ="inar.::e.
S"EC-;:OO r/. The $\;:",t :'1 vaC:.,Jt.td for : son
un, the.:'e is no hlItd fOJ: a rcadwl.y i:L the a!orementi011ed locat.io:1.
v. All and repa::':o} tOli8tner wi. tn u?ic.eep
of vh4teveX Batura tot' the: OIi;'::-:anar.c1 of tbe ifc:amen:ioned laS8\ent5
sn.ll :tm4in .. ic."'t th" 'ao:ooJ.qn of Rahill. ,.=k OJ: the .ppli':l.ble ueilidas.
SIC':'tCN VI. to. pe.:"?etual x:iqht-of'4ay aI:d. .....In.n: is ruerved
e.he !oreqoinq p:emJ_Sls ::. be vae3t.S'd tor =;-.e hanel:: o! tr.a SorOW3'h
of itcse Park a.r:d PUl::1i" CotEt'l cetApani.. s j AS may be I
w-1J:'PC.J4 of and .. &.n.d ul'on ':.h. p::emisas '1:.:)
---- -- uiatain. re;:.i:, insfec: or rsplacl! lo'r and. 411 sxin.inq util:'ty

!SC'''no1:l VU. ':'!:\!s Q:odinall.cl! sh&.!.l ta:",. !:H-e:. lot th. ,and
.!a t..'w lIanl:liar by l,lW !.."l no ev.n:, &""1&1':' taka
prior to rtec:ded i:o. the ot'f':co:s the: ani-en Ilaqijt=&:'
and ydor ':.0 thl: 5t=eet. 1::leint! to i. cSl:'t.ain aq:-c8lftene
betwv.an the of 1'o,.. !.le and. Gilda. DiIQr:i.o. !n the eVent.
said S::.et not 23
1
1986, 5n.ll
'be a :?ullJ. ':1 ol11d a: na !o:ca or effect.
!lr1'ICC1lCtn. ,june 9, 1986
r
.(i
J
f'o
'J\l" " .M.,
".,......-.l.c.w-I ! \, .. .; 1:::::0::--
ATtES,.:

JV.:f ic::ou'!h Cl.r:<: --
! ;"",by ""r:ify tho fa.eS"ing '0 bo & t'l:\l& and
r.'.' 1'1 of aD .r:l:Lunc. 1>1 "luo
CQ'Uuc.il at & t'eSular held
JUM 23, 1986.
I hereby the foreqoinq to be A
:opy of an
by t:.e and .,-t. '*'
r. 22, 19a:_
Joan .......". Barcusi' Clark
../
<-r
I\'- ,,'\.tU..
l .l.,
().
......
...,/)
....-
: i l I a l
" . _ - - - _ . . - - - - - - - . _ . . ' " - . .
,
Rfce IVC .. R
fJJI:,:. 1IINr'!". N.J
J!iI.. i1 If; 24 All
JL'.-,,,,,. ''''JUPPJ
REGISTER
lJ e"
foP 30
>.N PROVIC:.NG rOl THt
or A POR1:o. .. er iUJOst'lEIS e':"olltt."i
wtS'!' cu.!' AvtteJ'E AND VAtJrt lU. !!,.j\OAO
IUGilT 0'1 :M TIlE 8CRQIlGH OF ROSELLt
ilISDVt!lG ALL POR A
Ptll:m:.13 SE".t2 AIID
!' "'WI.
-" "
, .
Ear1:.
iF. l'l' V{ .00 Mayor and Council o( 60rCllqh c! ".sell"
Calr.-:y tJnioa, a.s fcllovs:
SEC7:ON I. 1'he at his :!.t.acintd tr.a.: it.
is tha .i.'lt:,eru.t 6orouoljtl_thet. ti:ll str.l!':.
c!asc:riMd !:'t
BC":':OM T'ht 5t:'et't kn-:-..In II ).ocMvotlc n Wut
Cay oll\4 I.ehiqil valle.y Rai.lroad r iqnc of \lIY i.., tn_ &o=eu;h
of !\Qsell. ?u1t., as =0' deSc:J:!h& bc::ainr &n4 the
s.me is vaCAted.
DE!CBIPT1ON
iEGnmING At; t.'te point. 0; of 'tr.. :lc.r::MJ:ly
lid.lin. of We::It. C;lay Ave,1K1.. with. the ....te.tly Iidl.!iM
of lOC4e.vel1: St:Ht: tMI1c:8 RIla1l\CJ (1) Mrtbuly Aloe;
th. s:.dsl1n. of JloGl!I."'el1: !trl!let 10... 71 teet
olu:ll OJ:' miau. t.c PGint.1 Idd bcti.nq c!ist!.nt. DoUt.lr
u1i loO.. aO htt fram t.he .i4eline at: W.&-:, Cla.y
k'.1s:N:fi t:Isured at. .anqlls CMnc'e runninCJ
(:2,) eas::l!r11 9&nllel t.r" sit,line c! trie5't.
Cl.1:r Met1ue at:d. noc':he!'lY 100. CO ftiet. mea.su.:r:ed.
It 3n<;1. "-"ul'", thzOU<;h the 8lll>S..... lt StrUt
of 'y (M.CO ft. in 'oIidthl 61.63 het pl or
-.iilU.!!I ';0 a iii the 4U:.ttrly sid.line of. 2.i)c$livtlt
St:",," , tbene. :Ilotinq (3) ..rly 01on9 tlla easterly
s:.d4:i:J. of :i'oose'l'elt St.=e!:t, 102.71 f t 1I'1us or _Ws
i. in e,;,. nc:thl::1 sialllizoJi Wu't Clay J.V1Ht1Je;
(4) 'oIes't,e:r1.y, ..lQrtli; 'the nOl:''theJ:.l7 line 0:
iia5t 61. '3 plUS or minus to:) the point.
o! lEG:lINING
U:. "''''l.lqh do heroby reserva f:OIIl tbe fer.qocMq
y&c.\tiOA, telelse i.nd eX-:'inqu.iSb1'Iao"le. All p.tiyileqes a.91d III
t!lti3ti::9 e&nme.n.t3 fo: a pedastti.m sewu' .nd lJ":.ility
use"'nta, it any, ot ?uc;.:.;: sc:vice ail'l au eap&ny, Maw
J.n.y IllIU T.l..l'r.... c.. .......ny. EU=al:tf.h--. 1l&ter CoIIpl1'y and
.. G.t.s Catpany. does blraby reuin. tM
t:l) t:l&i.nt&J.per.a-=. "paix .aM fti'14C1 by it:.ael:r: oz:' by ..0 lleli&m;
Ct .. ilo},di: .. 1;1& fraacn:.se t..'\e SOrO\1'ih and all pipe2. corAuits,
St:wWI. :1 +4ew.:Ja 0," any q:ner 0'1: eq...iiG'8nc. for the

-, /;"
//
.....
1".aqe-..:
",
"""-"':!I:N rv. aforsenticr.ed stnet is Vl!Cated for the rM&:n
'::'lat. -::.here is M.e:!:d for a rr'-1W1r;i L"'\ the aforeme..,-tioned location.
SECl'ICN V. }.ll ::ai;lter.anc:s ani r<ij:ai.l", together Ii.th upI<Mp
of I.tlate..er na= fer b", lll!.int.enance of t. .. ifbrelll!:ltionod
.nall with the llort:<1'ih of ltlseUe Pm or tlle a;;;>J.iaahl.4!! utilities.
s..C'!(lf VI. I'. por:'-et::lal mi ease:mnt. is rese::vad
t.ie fOre;oin<; ;>retises to Ile vacated !or l:ellefit of the Borough
c: llcselle Park and all ;:ueli.c etl:lI;'a".ies, as fNJ be
fer t=s IU-'"?Ose of :in;ress ond O'3'=esa = ODd 1lpOtl the premises to
:':Iai."1t3in. or replaeo llT'f mi 411 existi:Jg ,*,-11ty
facilit:.es.
SlCl'!()l VI:. 'l'his ordi..".,'!ce !hall take effee1: at tlIe tJJm and
i.., <:'!lEl bY law Wi:, in 110 ownt.. .!l1all it 1:ake effect
prior to l:<'...in<:l NCC.,.-..:led in to,," offices of the Won CcoJ:lty :;!egistnt'
am pr'..::>r to the street l:eirq 1nproveG p:rsuant to a certain a<;reEmlllt
!:et:llee:l the 3QrC\J of P.o;;elle Pm and Gilda Dilorio. In the """nt
tl'.at said st..-eet is not: by Jur,. 1. 1.986. this otW.na."lee !hAll
l:e desred a rullity 3I<i of :lC iorce or effect.
10, 1996
Marcl1 24, 1996
AroPml' _
(L
rC'l'tST:
./-...., ,. .... ,
)l. ...;--"J
,aorOiigt. Clerk
..:\.
___ ._.M..-" -..... . ... _ ... _ ._.
. EXHIBITF
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. . . . . . . . . . . . . . . . . . . = : . . . . . . - . .
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LAW QrFlCES OF WILLIAM J. COURTNEY. LLC
200 Main Street
P.O. Box 112
Heminglon, NJ 08822
(908) 7825900
i\uomeys for Plainliffi;
FI LE 0
APR 13 2012
KENNETHJ. GRISPtN. ?J.C'
GE<)RG-IO-I)' XG=-,O=-S:C:
T
==I1\:-:-'Oc-
an
-:
d
--
Rl\r!.ROAD INDUSTRIES, LLC
PLAfNTIFF
VS
DEFENDANT
: SUPERIOR COURT Or NEW JERSr:y
: UNION COUNTY
: LAW DIVISION
: DOCKET :--l0.
ClVlI. .1Cl'ION
: ORDER l'ERM1Tl1NG PLAINTIFFS TO
: AMENDED COMPLAINT
.fHIS MATIER. having been brought to the atlention of the Court b)' PlaintifFs George
D' Agostino and Railroad lndustries. LIC. by and through their atlurneys. William J. Courtney.
Esq, of the LawOffiees ofWiliiarn J. Courtney. LLC by way of mation far leave to tile an
amended complaint: and Defendant. having received notice by and through its [{aery
M. Cappo r:sq. or Ansell Grimm & Aaron; and the Court. having considered the papers on J1le
and heard the arguments of counsel; and good cause having been shown;
IT \S ON THIS K Y OF __.7.012 ORDERJ::D THAT:
1. Plaintiffs' moton for leave to tile an amended complaint be and hereby is GRANTr:n in
its entirety.
2.
.,
J.
Plaintitis shall file their Amended Complaint no !'lIer4en
/\ copy oflhis Order shall be served on all parties within1ctays,
( ) ';IPP0sed
( }'\lI1opposed
.
,). CNSPlN. f'"LCv.

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UNN-L-001903-10 Amended Complaint

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WIlliAM J.

ttEIlAl/. 3<:r0\l9h Cl..

LAW OFFICES OF WILLIAM J. COURTNEY, LLC

f"'l":7 '. I.:::.,' Ii;

l<tNNSTH .\. C::St'IN, fl"LCv.

JEAll itE!IAll. 3c:ou9h C:.r:<

I<ENNSTH .l. C21SPIN. ?..LOt.

' - ' I I l l ' M l i l - _ _

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