Answer: Lamar Advertising Of Penn Llc Vs East Brunswick

On January 27, 2023 a Answer was filed involving a dispute between Lamar Advertising Ofpenn Llc, and East Brunswick Boardof Adjust, for Actions In Lieu Of Prerogative Writs in the District Court of Middlesex County.

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MID-L-000512-23 03/27/2023 2:39:14 PM Pglof13 Trans ID: LCV20231041148

WEINER & WEINER, P.C.
Jay A. Weiner, Esq. (ID: 032781993)
385 Cranbury Road, Suite 7
East Brunswick, N.J. 08816
(732) 565-9400
Attorney for Defendant
East Brunswick Township Board of Adjustment

SUPERIOR COURT OF NEW JERSEY
LAMAR ADVERTISING OF PENN LLC, MIDDLESEX COUNTY
LAW DIVISION
Plaintiff,
DOCKET NO.: MID-L-512-23
vs.
CIVIL ACTION
EAST BRUNSWICK TOWNSHIP
BOARD OF ADJUSTMENT,
ANSWER, SEPARATE DEFENSES,
Defendant DEMAND FOR STATEMENT OF
DAMAGES, DEMAND FOR
PRODUCTION OF DOCUMENTS,
DESIGNATION OF TRIAL COUNSEL,
AND CERTIFICATION

Defendant East Brunswick Township Board of Adjustment, by way of Answer to the Complaint

of Lamar Advertising of Penn LLC, says:

1. The allegations contained in this paragraph are not directed to this defendant and,

therefore, no response is made thereto and plaintiff is left to its proofs.

Defendant denies that it is a “municipal agency”, but is a duly created governmental body

pursuant to the laws of the State of New Jersey, and otherwise admits the allegations

contained in the paragraph.

The allegations contained in this paragraph are not directed to this defendant and,

therefore, no response is made thereto and plaintiff is left to its proofs.
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! ‘

The allegations contained in this paragraph are not directed to this defendant and,

therefore, no response is made thereto and plaintiff is left to its proofs.

The allegations contained in this paragraph are not directed to this defendant and,

therefore, no response is made thereto and plaintiff is left to its proofs.

Admitted,
‘

Defendant only admits to the extent set forth in the findings of the East Brunswick

Township Zoning Board of Adjustment in the Resolution of Approval attached as Exhibit

A to Plaintiff's Complaint and otherwise denies the allegation.

The allegations containedin this paragraph are not directed to this defendant and,

therefore, no response is made thereto and plaintiff is left to its proofs.

The allegations contained) in this paragraph are not directed io this defendant and,

therefore, no response is made thereto and plaintiff is left to its proofs.

10. Defendant only admits to the extent set forth in the findings of the East Brunswick

Township Zoning Board of Adjustment in the Resolution of Approval attached as Exhibit

A to Plaintiff's Complaint and otherwise denies the allegation.

11. Defendant only admits to: the extent set forth in the findings of the East Brunswick

Township Zoning Board of Adjustment in the Resolution of Approval attached as Exhibit

A to Plaintiffs Complaint and otherwise denies the allegation.

12. Defendant only admits to the extent set forth in the findings of the East Brunswick

Township Zoning Board of Adjustment in the Resolution of Approval attached as Exhibit

A to Plaintiff's Complaint and otherwise denies the allegation.
MID-L-000512-23 03/27/2023 2:39:14 PM Pg30f13 Trans ID: LCV20231041148

ck
13. Defendant only admits to the extent set forth in the findings of the East Brunswi
as Exhibit
Township Zoning Board of Adjustment in the Resolution of Approval attached

A to Plaintiff's Complaint and otherwise denies the allegation.
ck
14. Defendant only admits to the extent set forth in the findings of the East Brunswi

Township Zoning Board of Adjustment in the Resolution of Approval attached as Exhibit

Ato Plaintiff's Complaint and otherwise denies the allegation.

15. Denied.

16. Admitted.

17. Admitted.
it
18, Defendant only admits that pursuant to Township Ordinance 228-253, in subsection H,

is provided, “Except where specfically permitted, signs advertising a product or service

not sold on the premises, signs advertising or directing attention to another premises and

any other signs unrelated to the premises on which the sign is erected, except for

billboards as a conditional use in the in the P-I and C-2 zones.” Defendant otherwise

denies the allegation.

19. Admitted.

20. Admitted.

21. Admitted.

22. Admitted.

23. Defendant admits only that Plaintiff presented witness testimony to the Defendant East

Brunswick Township Zoning Board of Adjustment and otherwise denies the allegation.

24, Admitted.
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were presented as
25. Defendant only admits that the items identified in subparts (a)-(t)
ant otherwise
Exhibits A-1 through A-20, respectively as part of the Application. Defend

denies the allegation.

Memoranda of
26. Defendant admits the allegation subject to denying that the date of the

Richard A. Vigliotti, Construction Official and John Talbot, Fire Marshall as being

and February 25, 2022, respectively, as they are misdated in the
October 29, 2021
y 15,
allegation, and Defendant admits that they are dated October 28, 2021 and Februar

2022, respectively.
of New
27. Defendant only admits Derrick Blatt, Operations Manager for Lamar Advertising

York and New Jersey; William R. Vogt, Jr., P.E.; Tlidio Vincente, Director of Business

Qian,
Development for Media Resource; Kevin Savage, P.E., of Dynamic traffic; Chen

Chief Product Architect and Head of Engineering for Media Resources; Justin Taylor,

P.E., of Dynamic Traffic; and George Wheattle Williams, P.P., AICP, of The Nishuane

Group, testified on behalf of Plaintiff to the extent set forth in the findings of the East

Brunswick Township Zoning Board of Adjustment in the Resolution of Approval

attached as Exhibit A to Plaintiffs Complaint and otherwise denies the allegation.

28 Defendant only admits that Plaintiff presented as Exhibit A-7 what was identified as an

LED Module of Proposed SITELINE Digital Sign and testimony corresponding to said

Exhibit was presented. Defendant otherwise denies the allegation.

29. Denied.

30. Admitted.

31. Defendant only admits that on April 7, 2022, one Lawrence Goldsmith, who identified

himself as President of the East Brunswick Museum located in the Township’s Historic
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+
District, testified during the Public Portion of the hearing. Defendant otherwise denies the

allegation.

32. Defendant only admits that on November 3, 2022, one Sophia Malinsky and one Sid

Srivastava, who, respectively, identified themselves as Rutgers University students,

testified during the Public Portion of the hearing, Defendant otherwise denies the

allegation.

33. Admitted.

34. Defendant admits only that during the course of the hearings, various potential conditions

may have been discussed only to the extent of if the Board ultimately approved the

Application. Defendant otherwise denies the allegation.

35, Denied.

36. Denied.

37. Denied.

38. Defendant admits only that the East Brunswick Police Department Inter-Office

Memoranda dated October 29, 2021; February 22, 2022; July 15, 2022, and October 11,

2022; were respectively issued by Sgt. Anthony DeSantis; Sgt. John Bird; Sgt. John Bird;

and Lt. Wade Gordon. Defendant otherwise denies the allegation.

39. The East Brunswick Police Department Inter-Office Memoranda dated October 29,

2021; February 22, 2022; July 15, 2022, and October 11, 2022; and respectively issued

by Sgt. Anthony DeSantis; Sgt. John Bird; Sgt. John Bird; and Lt. Wade Gordon, each

speak for itself. Defendant otherwise denies the allegation.

40. Denied.

41, Denied.
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42. Denied.

43. Denied.

44, Denied.

45. Denied.

46. Denied.

47, Denied.

48. Admitted.

49. This allegation calls for a legal conclusion and are, therefore, denied.

FIRST COUNT

50. Defendant repeats and reiterates its answer to the allegations set forth in Paragraphs 1-49

of the Complaint and incorporates them herein as if set forth herein at great length.

51. Denied.

52. Denied.

53. Denied.

54, Denied.

55. Denied.

56. Denied.

57. Denied.

58. Denied

59. Denied

60. Denied.
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East Brunswick Township Boar d of Adjustment Demands
WHEREFORE, Defendant

ice, together with costs
judgment dis missing Plaintiffs Complaint in its entirety with prejud
deems fair, just, and/or
of suit, attorney’s fees and any and all further relief the Court

equitable.
SECOND COUNT

forth in Paragraphs 1-60
61, Defendant repeats and reiterates its answer to the allegations set
at great length.
of the Complaint and incorporates them herein as if set forth herein

62. Denied.

63. Denied.
r
64. Denied.
ment Demands judgment
WHEREFORE, Defendant East Brunswick Township Board of Adjust
together with costs of suit,
dismissing Plaintiff's Complaint in its entirety with prejudice,
and/or equitable.
attorney’s fees and any and all further relief the Court deems fair, just,

SEPARATE DEFENSES

FIRST
sino ) SEPARATE DEFENSE

.
The Plaintiff has failed to state a claim upon which relief can be granted

SECOND
SECON D SEPAR
Ex e SE
ATE DEFEN

The Plaintiff has failed to state a cause of action.

THIRD SEPARATE DEFENSE
Defendant reserves the
The Plaintiff lacks personal jurisdiction over this Defendant and said

right to move for a dismissal of the Complaint.
SEPARATE
FOURTHE
R E DEFE NSE
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of jurisdiction over the subject matter a
Defendant reserves the right to raise the defense of lack

move for a dismissal of the Complaint.
FIFTH SEPA
e
2 e RATE
e DEFE NSE

aint due to insufficiency of
Defendant reserves the right to move for a dismissal of the Compl

process.

SIXTH SEPARATE DEFENSE

Complaint due to insufficiency of
Defendant reserves the right to move for a dismissal of the

service of process.

SEVE— NTH—
—
wy SEPARATE
ee — DEFE NSE

and/or Statutes of Repose.
The Plaintiff's claims are barred by applicable Statutes of Limitations
-
EIGHTH
SIGHI nN SRATE
SEPA DEFENSE
ie

et seq.
This action is barred by the procedural provisions of R. 4:69-1,

NINTH SEPARATE DEFENSE

ve remedies as required by R.
This action is barred by Plaintiff's failure to exhaust administrati

4:69-5.

TENTH SEPARATE DEFENSE

ng but not limited to, R.
This action is barred by the applicable Stature of Limitations, includi

4:69-6.

ELEVENTH SEPARATE DEFENSE

Plaintiff is barred from recovery pursuant to R. 4:69-6(b)(5).

TWELFTH SEPARATE DEFENSE
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This action is barred by reason of the procedural provisions of N.J.S.A, 59:1-1, ef seq., in that

Plaintiff did not comply with the preconditions to filing suit, including the notice provisions of

the Tort Claims Acts.

THIRTEENTH SEPARATE DEFENSE

All of Defendant East Brunswick Township Board of Adjustment’s actions were performed in

good faith and in the performance of its duties, and it is, therefore, entitled to immunity.

FOURTEENTH SEPARATE DEFENSE

Defendant Township of East Brunswick Board of Adjustment’s actions were in the nature of

discretionary activities within the meaning of N.LS.A, 59:2-3 and, accordingly, no liability may

be imposed upon Defendant East Brunswick Township Board of Adjustment which is entitled to

absolute immunity.

FIFTEENTH SEPARATE DEFENSE

Defendant reserves the right to raise the defense that Plaintiff is not an interested party as defined

under the Municipal Land use Law (“MLUL”) and, therefore, has no standing to file the instant

action.

SIXTEENTH SEPARATE DEFENSE

Defendant reserves the right to raise the defenses of collateral estoppel and/or res judicata.

SEVENTEENTH SEPARATE DEFENSE

The Plaintiff's claims are barred by the doctrine of equitable estoppel.

EIGHTEENTH SEPARATE DEFENSE

The Plaintiff's claims are barred by the doctrine of election of remedies.

NINETEENTH SEPARATE DEFENSE
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Defendant reserves the right to raise as a defense that Plaintiff's claims are barred by the Entire

Controversy Doctrine and/or R. 4:30A.

TWENTIETH SEPARATE DEFENSE

The Plaintiff's claims are barred by the doctrine of waiver.

TWENTY-FIRST SEPARATE DEFENSE

If Plaintiff suffered any damages, the same were caused by Plaintiff's sole negligence and/or

other acts and omissions.

TWENTY-SECOND SEPARATE DEFENSE

This Defendant’s conduct was reasonable, proper, and within the scope of its authority.

TWENTY-THIRD SEPARATE DEFENSE

At all relevant times, this Defendant complied with all applicable laws, regulations, and/or

standards.

TWENTY-FOURTH SEPARATE DEFENSE

The conduct of this Defendant did not deprive Plaintiff of rights, privileges, and/or immunities

secured by the Constitution or laws of the United States.

TWENTY-FIFTH SEPARATE DEFENSE

The conduct of this Defendant did not deprive Plaintiff of rights, privileges, and/or immunities

secured by the Constitution or laws of the State of New Jersey.

TWENTY-SIXTH SEPARATE DEFENSE

Plaintiffs procedural due process was satisfied.

TWENTY-SEVENTH SEPARATE DEFENSE

The Plaintiff is obliged to prove that it is authorized to bring the within action pursuant to the

Statutes of the State of New Jersey in those cases made and provided and Defendant reserves the

10
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right at or before the time of Trial to move for the dismissal of the Plaintiff's Complaint based

upon the failure of the Plaintiff to establish a cause of action.

TWENTY-EIGHTH SEPARATE DEFENSE

The Defendant reserves the right to raise as a defense that Plaintiff has filed a frivolous pleading

contrary to R. 1:4-8.

TWENTY-NINTH SEPARATE DEFENSE

The Defendant reserves the right to raise as a defense that the Plaintiff has instituted a frivolous

lawsuit contrary to N.J.S.A. 2A:15-59.1 and Defendant is entitled to costs of suit and attorneys”

fees as a result thereof.

THIRTIETH SEPARATE DEFENSE

Defendant reserves the right to raise any other defense that may become available during the

period of Discovery.

DEMAND FOR STATEMENT OF DAMAGES

Defendant East Brunswick Township Board of Adjustment hereby demands a written

statement of the amount of damages claimed by the Plaintiff within five (5) days after service

hereof, in accordance with R. 4:5-2.

WEINER & WEINER, P.C.
Attorneys for Defendant
East Brunswick Township Board
of Adjustme;

Dated: March 27, 2023 By
Jay A. iner, Esq.

II
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DEMAND FOR PRODUCTION OF DOCUMENTS

Defendant East Brunswick Township Board of Adjustment hereby demands that the

Plaintiff furnish to them a true and complete copy of each and every paper referred to in

Plaintiff's pleadings, including but not limited to all contracts, assignments, and other

agreements, documents and tangible items, within five (5) days after service hereof, in

accordance with R. 4:18-2.

WEINER & WEINER, P.C.
Attorneys for Defendant
East Brunswick Township Board
of Adjustment

Dated: March 27, 2023 By
Jay A. Wi er, Esq.

DESIGNATION OF TRIAL COUNSEL

Pursuant to the provisions of Rule 4:25-4, the Court is advised that Jay A. Weiner, Esq. is

hereby designated as trial counsel on behalf of Defendant East Brunswick Township Board of

Adjustment.

WEINER & WEINER, P.C.
Attorneys for Defendant
East Brunswick To ship Board
of Adjustment

Dated: March 27, 2023 By
Jay A. Weiner, Esq.

12
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CERTIFICATION

Pursuant to R. 4:5-1, I hereby certify that the matter in controversy is not the subject of any

other action pending in any court or of a pending arbitration proceeding to the best of our

knowledge and belief. Also, to the best of our belief, no other action or arbitration proceeding is

contemplated at this time. Further, other than the parties set forth in this pleading, we know of

no other parties that should be joined in the within action at this time. Moreover, I certify that

confidential personal identifiers have been redacted from the documents and pleadings now

submitted to the court, and will be redacted from all documents in the future in accordance with

R. 1:38-7(b).
WEINER & WEINER, P.C.
Attorneys for Defendant
East Brunswick To’ hip Board
of Adjustment

Dated: March 27, 2023 By
Jay A. Wginer, Esq.

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WEINER & WEINER, P.C.
Jay A. Weiner, Esq. (ID: 032781993)
385 Cranbury Road, Suite 7
East Brunswick, N.J. 08816
(732) 565-9400
Attorney for Defendant
East Brunswick Township Board of Adjustment

SUPERIOR COURT OF NEW JERSEY
LAMAR ADVERTISING OF PENN LLC, MIDDLESEX COUNTY
LAW DIVISION
Plaintiff,
DOCKET NO.: MID-L-512-23
vs.
CIVIL ACTION
EAST BRUNSWICK TOWNSHIP
BOARD OF ADJUSTMENT,
STIPULATION EXTENDING TIME
Defendant TO ANSWER OR OTHERWISE MOVE

It is hereby stipulated and agreed by and between the attorney for the Plaintiff, Lamar

Advertising of Penn, LLC, and the attorney for Defendant East Brunswick Township Board of

Adjustment, that the time within which said Defendant may file and serve a responsive pleading

or otherwise move as to the Complaint of the Plaintiff be and is hereby extended for a period of

thirty (30) days. _— fof

Lp
7

Dati 2-24-2023
Ly
/
De
Trenk Isabel, Sid 1 Shadanian, P.C. Weiner & eingr, P.C
By:/Reginald Jenki ns. Ing Esq By: Jay Weiner, Esq
Attérheys for Plaintifi Attorneys fo efendant
ar Advertising of Penn LLC East Brui ick Township
Board of Adjustment

MID-L-000512-23 03/27/2023 2:39:14PM Pglof2 Trans ID: LCV20231041148

Civil Case Information Statement

Case Details: MIDDLESEX | Civil Part Docket# L-000512-23

Case Caption: LAMAR ADVERTISING OF PENNLLC VS Case Type: ACTIONS IN LIEU OF PREROGATIVE WRITS
EAST BRUNSWICK Document Type: Answer
Case Initiation Date: 01/27/2023 Jury Demand: NONE
Attorney Name: JAY A WEINER Is this a professional malpractice case? NO
Firm Name: WEINER & WEINER, PC Related cases pending: NO
Address: 385 CRANBURY ROAD STE 7 If yes, list docket numbers:
EAST BRUNSWICK NJ 08816 Do you anticipate adding any parties (arising out of same
Phone: 7325659400 transaction or occurrence)? NO
Name of Party: DEFENDANT : EAST BRUNSWICK Does this case involve claims related to COVID-19? NO
BOARDOF ADJUS T
Name of Defendant's Primary Insurance Company Are sexual abuse claims alleged by: LAMAR ADVERTISING
OFPENN LLC? NO
(if known): None

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO

If yes, is that relationship:

Does the statute governing this case provide for payment of fees by the losing party? NO

Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:

Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:

Will an interpreter be needed? NO
If yes, for what language:

Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO

| certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)

03/27/2023 /s/ JAY A WEINER
Dated Signed
MID-L-000512-23 03/27/2023 2:39:14PM Pg2of2 Trans ID: LCV20231041148

Case Info

Judge

Aravind Aithal Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

March 27, 2023

Case Filing Date

January 27, 2023

County

Parties

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