Attorneys have filed legal action seeking to depose and question Lakewood Deputy Mayor Menashe Miller as to possible conflicts of interest he may have.
The issue at hand involves Deputy Mayor Miller's connection to local schools that may benefit from an Ordinance he voted to approve.
Township attorneys have just responded by urging the judge not to permit the attorneys to question Deputy Mayor Miller.
As previously reported here on FAA News, back in December 2022, Lakewood's Township Committee adopted an Ordinance legalizing banquet halls in schools.
Therefore, as previously reported here on FAA News, back in January 2023, 1650 Corporate Road West LLC, an industrial park property owner and a party to lawsuits filed against Lake Terrace and Bnos Brocha which allege that they were operating banquet halls without Township approval, represented by Attorney Rob Shea Esq., filed a lawsuit seeking to stay and overturn the new ordinance.
The Second Count of the lawsuit, which was filed in New Jersey Superior Court in Ocean County, alleges that Deputy Mayor Menashe Miller was prohibited from voting on the Ordinance because; 1) he has sons who currently do, or recently did, attend Yeshiva Toras Ahron which has a banquet hall and would benefit from adoption of this ordinance, and; 2) his mother holds "a significant position within the administration of Beis Faiga's girls school which operates one of the oldest banquet halls in Lakewood as well as a boys school within the industrial park, both of which could benefit from adoption of the ordinance."
The Third Count of the lawsuit alleges that because Deputy Mayor Miller was prohibited from voting, his vote was "tainted," and without his vote there would not have been sufficient votes to affirm the ordinance, therefore the Ordinance should be overturned.
As previously reported here on FAA News, the plaintiffs have filed legal action seeking a court Order requiring Deputy Mayor Miller to be deposed and answer questions as to the alleged conflicts of interest.
"If an appeal alleges conflicts of interest which tainted the Board's decision, Board members may be deposed with respect to the existence of any conflicts. Cox & Koenig, New Jersey Zoning and Land Use Administration.
"Plaintiff's motion is a simple request for limited discovery on an issue which is properly joined to the Prerogative Writ complaint for the specific question of whether or not Deputy Mayor Miller's family is involved in the administration of schools which benefit from the Amended Ordinance.
Township Attorney Robin La Bue Esq. has just filed opposition to the motion, arguing, "the determination of the existence of a conflict of interest is a legal question that does not require depositions. The question of whether the fact a member of the governing body's family holds an administrative position in a school with a banquet constitutes a disqualifying conflict of interest on a vote to permit banquet halls as accessory uses in certain zones is a legal inquiry that should be determined by the court without the need for depositions."
The motion is returnable before Judge Hodgson this Friday, November 17.
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7 comments:
Attorney Robin La Bue Esq does not have the best reputation. When it came to representing the town of Manhawkin in kicking jews out of town - she had no problem representing the wrong side.
Menashe Miller, conflict?
No way! I doubt if he discusses anything pertaining to the schools catering halls, or anything else regarding the schools where his family has a job there.
What do they need a deposition, ask him the question point blank.
His mother does not hold a "significant position" in the administration of Bais Faiga. She is a secretary who is in charge of ordering and distributing color papers and stickers.
Menashe Miller and everyone else..Zoning,Building,Planning The Federal Government will come knocking again soon.The day of judgement once again another sweep be ready.
Anon 10:26,
She gets paid pretty well for just being a “dumb secretary” as you put it.
basically everyone on the committee has a child in a school that benefits from the ordinance cause like every other school has a hall... seems a bit far fetched mother works in a school especially since BF had a hall for 25 years the ordinance was clearly not for them.........
It is a pathetic argument to say that cause his kids go to the school, he can't vote on anything that benefits the school.
If his kids went to public school would they say he has to recuse himself from all votes related to the Board of Ed??
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