Lawsuit filed by Roselle Resident, Anthony Esposito, puts the Roselle Mind and Body Complex Project at Risk
ROSELLE, N.J., Sept. 22, 2017 /PRNewswire/ -- Anthony Esposito, a private tax-paying resident of Roselle, New Jersey, today filed a lawsuit against the Borough of Roselle, Roselle Board of Education (RBOE), County of Union, and Union County Improvement Authority (UCIA) to prevent the defendants from moving forward on the Mind and Body Complex project in Roselle. The lawsuit was filed as an Amended Verified Complaint against the defendants by the LAW OFFICE OF MICHAEL S. DORAN, L.L.C. on September 21, 2017 on behalf of Anthony Esposito.
The lawsuit claims that the lease between the RBOE and the Borough is null and void and the resolutions of both parties failed to amend the lease. The lease also violates state law, N.J.S.A. 18A:20-8.2, which states that any lease in excess of 5 years must be approved by the Commissioner of Education. In addition, the lawsuit states that the Borough did not have the authority to sublet the property to the UCIA. The lease between the RBOE and the Borough, and the purported amendment, violate state law, N.J.S.A. 40A:12-5, which states that a municipality must act by way of an ordinance when acquiring an interest in real property. Finally, the lawsuit alleges that the actions of the RBOE and Borough must be invalidated based upon an actual conflict of interest and appearance of impropriety between the partners in Roth D'Aquanni, L.L.C., Allan Roth, Esq. (RBOE counsel) and Rachel Caruso, Esq. (Borough counsel).
"Increased local opposition to the M&B Complex caused the residents to look closer at the manner in which the project was pursued. What started as a legal challenge, primarily, to the deficient calling of a meeting to amend a lease, provided us with the time to look closer at the history of the project. From the outset, Mr. Esposito understood that causes other than the best interests of the residents of Roselle were at play. It is essential when public entities seek to spend over $50 million of their constituents' money that they act in accordance with their statutory and ethical obligations. We don't believe, as to the M&B project, that they have. By all appearances, in their haste to push this project through under the radar, significant missteps were made which have resulted in a broad expansion of the legal challenges to the project," says Michael S. Doran, Esq., the attorney representing Anthony Esposito.
Anthony Esposito said, "We are supposed to be a State based in law. The law is supposed to define all the actions taken by our government entities. The Mind and Body Complex project has so many questionable legal documents associated with it. I cannot see how the entities involved can legally move forward with this project."
Copies of the lawsuit are available electronically. For more information contact: Anthony Esposito 414 E. 3rd Ave., Roselle, NJ, [email protected], 908-241-5623.
SOURCE Anthony Esposito
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