In The News

In a recent case handled by partner, Dennis S. Deutsch, a New Jersey Court Signed a Discovery Order Permitting the Deposition of a Web Site Host in Order to Determine Anonymous Authors of Allegedly Defamatory Postings

The NJ Superior Court, Hudson County, Law Division, issued a recent decision, in a long line of cases dealing with issues of anonymity on the Web and free speech protection. In the case of Slava Lerner v. John and Jane Does the court held that Plaintiff satisfied the requirements of Dendrite v. Doe, 342 N.J. Super (App. Div. 2001).

When Slava Lerner discovered that an unofficial web site of a condominium in which he resided posted anonymous statement alleging, among other things, that he had engaged in improper and criminal activity, he became irate and sought our assistance. The problem was that it was unknown who to sue for defamation since the identity of the posters.

Dennis Deutsch, our litigation director brought suit to commence the process to identify the posters of the statements. The litigation is ongoing and in the discovery process. (June 2010)

Million Dollar Settlement
The head of our litigation department, attorney Dennis Deutsch, settled a personal injury case in April of note. Our client was injured in an automobile accident and suffered significant injuries including brain trauma, cognitive deficiencies and a fractured wrist. Defendant had $1.1 Million in coverage but the insurance company offered no money until a month before trial at which time they offered to settle for $600,000.00. On the eve of trial, we were able to increase that offer for our client and the case settled for One Million Sixty Thousand Dollars.

Board Rejects Subdivision Application
From the Pascack Press by Erin Patricia Griffiths & Karen F. Mrnarevic
January 20, 2009

An application by Pascack Hills Developers to subdivide two pieces of land for the purpose of building four single family homes was rejected by a 5-2 vote at the Jan. 20 River Vale Planning Board meeting. The decision visibly disturbed the applicant, who stood up after the vote to leave saying simply, "Only in Bergen County ."

One of the properties in question, located on Winding Way, was given to the developer by the Board of Education in exchange for a larger piece of land facing Rivervale Road adjacent to Woodside School property. The completion of the land swap was contingent upon the planning board's approval of the subdivision.

Before the vote was conducted, Planning Board Attorney Dennis Deutsch cautioned board members to make their decision based upon the application before them, the testimony that had been presented, and the zoning ordinances that have been adopted by the municipality.

"You can certainly take into consideration the master plan as well. However, as I understand it, this is zoned as residential. That means the prominent, dominant consideration is that this is a residential zone, not that this is an open space," said Deutsch.

Residents of the neighborhood near the Winding Way property formed a group called the Woodside Woods Preservation Committee in protest of the land swap and the construction of homes on what is currently a wooded area. The group's opposition to the plan was based on the belief that it is unethical for the Board of Education to swap open space with a private entity. It is their opinion that the swap clearly violated the township's master plan, which expressly states among its objectives to preserve the borough's remaining open spaces.

The residents also argued that the Winding Way property, in addition to providing a pathway for Woodside students to exit the school property, is also wetlands, and therefore should be left undeveloped. The planning board heard testimony from experts hired by the developer. One, an environmental expert, expressed his opinion that the Woodside Woods, while prone to flooding, is not technically a wetland, since it lacks various determining features, such as flora and fauna and soil chemistry specific to wetlands.

"To maintain open space, perpetually, a municipality has the option of buying property from a private landowner. Private individuals have an option of buying property from a private landowner and keeping it open if they wish. School boards have the same option," said Deutsch. "So you cannot simply make a determination that any particular piece of property in a residential zone must be kept as open space based upon the master plan, if in fact it is zoned as residential, because that gives an indication that it is the desire of the municipal body that this be residentially developed."

The planning board was presented with case law examples regarding variance free applications for their consideration prior to the vote. "In the event there is any interest in denying an application based upon that there must be absolute, secure testimony that has been presented to substantiate that there are problems with the particular application," said Deutsch, citing fire, flood, panic, and natural disaster issues as health or safety issues significant enough to reject an application.

"You have to consider the evidence as it's been presented, not your personal desires with respect to a particular piece of property. In conclusion, your prime consideration has to be the ordinance," said Deutsch. "It has to be the bulk requirements as to whether they've been satisfied and then finally if there has been credible, strong enough evidence to support that the application in any way creates a public hazard, that is a consideration. But I have got to tell you that is a very high bar to reach with respect to the way the courts have handled it."

With Scott Lippert having refused himself from the voting on the application, seven members of the board remained for the decision. In a 5-2 vote, with Ron Tucci and George Shalhoub the only two members voting in favor of the application, the request for development was denied.

Several of the planning board members cited the application's violation of the "spirit and intent of the master plan" as well as safety issues as reason for their vote to reject the plan.

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