"If you do not file and serve a written answer within 35 days, the court may enter a judgement against you for the relief of plaintiff demands," according to a document from Martell's attorney and marked received by Point Beach officials on Sept. 5.
The document is the latest in an ongoing battle over the town's parking plan.
Ronald Gasiorowski, Martell's attorney, brought legal action against the town after the town prohibited overnight parking to non-residents in District 4. Residents and employees who needed overnight parking were given passes.
Some residents have said the parking plan helped keep residential streets quiet during the summer. Others attributed the improvement to the increased police presence, while still others credited the combination of the two.Reached today, Mayor Vincent Barrella said that that Ocean County Superior Court Judge Vincent Grasso opined that the ordinance was flawed because former Councilman Michael Corbally voted on it. The lawsuit alleged that Corbally should not have voted because he is a licensed real estate broker in town, which represents a conflict. The court agreed.
"Judge Grasso invalidated the ordinance because Mike Corbally voted," Barrella said. But the town recently introduced an amended ordinance, relating to parking, and "when that passed, Mike Corbally was not on the council," he said.
But a more recently-filed lawsuit continues to challenge aspects of that ordinance, alleging, among other things that Barrella "unduly influenced" the vote on the ordinance, by having previously made "disparaging" remarks about the "judiciary as to the Litigation, as well as disparaging remarks about Plaintiff."
Barrella noted that the initial lawsuit is on appeal, and the results of that remain to be seen.
Patch has left messages for Ronald Gasiorowski, Martell's attorney, and at Martell's, and will add their comments if they become available.