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As previously reported here on FAA News, just days ago Lake Terrace was slammed by Sudler with a Motion to Enforce Litigants Rights, seeking to completely shut down the banquet hall for numerous violations of their interim court orders.

The complaint includes surveillance footage of LCSW directing banquet hall patrons to park at Bnos Brocha, as well as patrons parking in Sudler's parking lots, which are violations of the court orders that restrict all parking to on-site only.

Attorney Jerry Dasti Esq. representing Greenwald Caterers sent an urgent request to Ocean County Superior Court Judge Francis Hodgson requesting a 2 week adjournment to the motion hearing, writing "our client is a tenant on the property and owns a very successful catering business. The catering business obviously has contracts for events in the future. To enter an order prohibiting the business from continuing would be disastrous not only to our client, but also to the persons who have contracted with our client for catering services on the property. We therefore object to the motion and request that it not be granted."

Attorney Matthew Fiorovanti Esq. representing Lake Terrace followed up with a letter concurring with this request.

In response, Judge Hodgson granted a 2 week adjournment until Friday, March 17.

Lake Terrace has been embattled in litigation since November 2020 when their neighbor sued them for not having ever received Township Zoning Board approval for a banquet hall.

After an initial injunction hearing on the matter, on February 3, 2021, Ocean County Superior Court Judge Marlene Ford signed an Interim Order permitting Lake Terrace - pending the outcome of the lawsuit - to continue hosting weddings, but with certain restrictions including limiting the occupancy to 712 seated guests, barring any outdoor activities or events on the banquet hall property, and requiring all parking to be maintained on-site only.

Judge Ford signed this Order as a interim compromise to permit Lake Terrace to continue operating while the lawsuit continues, but with restraints.

Since then, at subsequent hearings over alleged violations, Judge Ford added additional conditions including that no further outdoor events or gatherings of any sort at all take place outdoors within 1,000 feet of Lake Terrace and that they must hire "uniformed security guards, who are current or former law enforcement officers, employed by a professional businesses that provide traffic control or is otherwise experienced in traffic control" to enforce the parking restrictions.

At one point Judge Ford asked, "if there are no more than 700 people at the events and there are 379 parking spaces, and it's 2 people per car, why is the parking lot not sufficient?"

Mr. Fiorovanti innocently responded "I do not know."

Judge Ford retorted, "if the real plans for this use were ever presented before the proper land use board, the Board probably would have required additional parking." Judge Ford then reiterated that "parking on-street is prohibited. Parking can only be in their parking lot. If there is not enough parking in their own lot, maybe they should bus in the guests."

Judge Ford has previously warned that her permitting Lake Terrace to continue to operate with certain conditions was a "compromise" and that the owners of Lake Terrace have reciprocated by acting in "the ultimate lack of good faith" and therefore she is "one second away from revoking their Certificate of Occupancy" (which would shut them down completely).

At one motion hearing, Judge Ford found Lake Terrace in violation of the court orders and ordered them to pay a $5,000 sanction as well as legal fees incurred by Clayton as a result of filing their motion.

In this latest Cross-Motion to Enforce Litigants Rights, Sudler, represented by Mr. Shea is seeking to completely shut down Lake Terrace for numerous violations of the court orders including that at a number of recent weddings held at Lake Terrace, numerous patrons were parked along the adjacent roadways and in adjacent parking lots including the Plaintiff's parking lots - all in violation of the court orders.

They further allege that not only did the LCSW members - who are tasked with enforcing the parking restrictions - not stop patrons from parking as they please, they even directed patrons to park in other parking lots including Bnos Brocha's lot.

"The Defendant's deliberate non-compliance with the February 3, 2021 Order renders their actions unjustifiable and inexcusable. Due to their Defendant's repeated violations, as well as their ability and refusal to comply with same, the Court should find that Defendants are in willful and unjustifiable violation of said Orders, and the Court should once again impose sanctions against the Defendant's and issue an Order for attorneys fees."

Mr. Shea also asserts that Lake Terrace's motion to waive the court orders should be denied as they failed to identify a single matter which warrants Reconsideration as every single one of their claims have already been considered and rejected by Juge Ford.

Mr. Shea's proposed Order states:

KBS Mt. Prospect, LLC, Lake Terrace Manager, LLC and Greenwald Caterers, Inc. are hereby found in violation of the Court Orders dated February 3, 2021, August 10, 2022, and August 26, 2022. The Court further finds that Defendants’ actions constitute bad faith as well as a willful violation of said Orders;

ORDERED, that Defendants are to immediately cease all activity on the property located at 1690 Oak Street until such time as they have received all requisite, non-appealable, approvals and complied with all conditions thereof;

ORDERED, any and all Certificates of Occupancy are hereby revoked;

ORDERED that Defendants shall pay sanctions in the amount of $_________ for their repeated violations of the February 3, 2021, August 10, 2022, and August 26, 2022 Court Orders;

ORDERED, that Defendants shall pay Plaintiff’s attorney fees and legal expenses related to the filing of this motion. Plaintiffs’ counsel shall submit an Affidavit of Services within 15 days of this Order.  The same shall be paid within 30 days from the date in which the affidavit of services are approved by this Court.

ORDERED, that all relief sought by KBS and Lake Terrace in their Motion for Reconsideration is hereby DENIED.

As previously reported here on FAA News, Lake Terrace will still be in court this Friday over Sudler's motion to collect legal fees from Lake Terrace's retaliation lawsuit over their Minor Subdivision approval.

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