Lakewood Rabbi Moshe M. Pinter says that New Jersey American Water (NJAW) has unlawfully constructed a padlocked chain-link fence blocking an easement he and his shul members should be permitted to use to walk to shul.
After years of unsuccessful diplomacy in attempts to resolve the dispute, Rabbi Pinter is now taking the water company to civil court, seeking an injunction ordering the company to remove the fence, FAA News has learned.
According to the court filings by Manasquan Attorneys John J. Jackson and David Burns Esq.:
Rabbi Pinter, the leader of Congregation Bais Pinchos, purchased the property located at 26 Irene Court in Lakewood on September 27, 2004.
At the time of purchase, Rabbi Pinter was informed that the water company held a utility easement over the property. This utility and pump station easement is approximately 25 feet wide and runs along the boundary of the property. Rabbi Pinter was told that he would be allowed to use the area for personal use, including the construction of a shed or other structures, as well as recreational activities such as a basketball court.
Bais Pinchos Congregation has a longstanding history of using this easement as a primary route for members of the Congregation to walk to the synagogue.
The easement agreement contained within the deed restriction does not permit the erection of a chain-link fence or any other type of obstructive object within the easement area.
Despite this, approximately 20 years ago - after Rabbi Pinter already purchased the property - without notice or consent from Rabbi Pinter, the water company enclosed the easement area with a fence and installed a lock, effectively denying Rabbi Pinter access to the easement area that was supposed to be shared and to permit use of the property by the congregation as a direct access route to the synagogue.
This fence has since obstructed and limited access along the easement pathway traditionally used by Rabbi Pinter and members of Congregation Bais Pinchos for access to the synagogue. This obstruction has caused persistent hardship and inconvenience for Rabbi Pinter and Congregation Bais Pinchos members, some of whom require direct access routes due to physical limitations or religious observances.
Over the years, Rabbi Pinter has repeatedly sought to resolve this matter amicably by requesting that NJAW remove the fence or provide an alternative means of access, but NJAW has refused or failed to take action.
Rabbi Pinter arranged a meeting on October 1, 20204 with representatives from NJAW to revisit the request for access to the easement. Despite this effort, Rabbi Pinter was again denied access to the easement.
The 6-count complaint seeks an Order To Show Cause for injunctive and permanent relief removing NJAW's fence from the easement area and restoring Rabbi Pinter’s full access rights to the easement and Bais Pinchos Congregation’s access route to their place of worship; awarding damages for the loss of use of the easement, including compensation caused by the denial of access and damages for the trespass, including compensation for the loss and for the rent of twenty years of use by NJAW's conduct; awarding attorney’s fees, interest and costs of suit; and awarding such other and further relief as the Court deems just and proper.
The complaint was originally filed in the Law Division and was immediately transferred to the Chancery Division where it is pending before Judge Theresa Cunningham.
Judge Cunningham has not yet granted a hearing on the petition.
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