Suit could affect planning board hearings Church alleges religious bias by Rockaway Twp. body Tuesday, April 19, 2005 BY PAULA SAHA Star-Ledger Staff
A spokesman for Christ Church says church officials still plan to appear before the Rockaway Township Planning Board on May 2, even though the church filed a federal lawsuit last week suing the planning board for religious discrimination.
Now it is up to the planning board whether the hearings will continue.
Town officials are reserving comment on that subject until they have the opportunity to discuss the situation with their legal counsel.
The lawsuit, filed Friday afternoon in federal court in Newark, alleges that township officials "improperly thwarted" the church's plans for a spiritual campus in Rockaway by putting up "discriminatory and improper barriers" to the fulfillment of the church's religious missio.n. The township, the planning board, the council and the environmental commission are all named as defendants in the lawsuit.
The suit outlines a "campaign against Christ Church" that includes an "intentional strategy to delay and stall the application" and an ordinance passed by the township last month that church officials deem discriminatory.
Stuart Koenig, a land use attorney who advises the state League of Municipalities, said if the lawsuit was solely about that ordinance, the case could proceed independent of what happened at the planning board, Koenig said.
But, he said, "If there's a challenge to the action of the planning board in the conduct of the hearing, it raises the question whether or not the planning board has the jurisdiction to continue."
Typically, Koenig added, a developer who is suing will choose not to go ahead with the planning process to spare themselves unnecessary expense. In addition, Koenig said, "The court itself may take the position that it's not going to hear those complaints until the matter is resolved."
Lisa Salberg, one of the co- founders of Voices of Rockaway Township, a citizens group formed opposing the church, said it appeared as though the hearings should stop.
"How does a planning board hear a case when they're all being sued by the party?" she asked. "I just don't know how they're expected to continue ... If I were on the planning board, I may want to recuse myself."
The lawsuit also singles out Mayor Louis Sceusi, who is also on the planning board, as having "spearheaded" a propaganda campaign against Christ Church. The lawsuit also says that Sceusi, at a private meeting with Christ Church pastor, the Rev. David Ireland, and others in July 2003, openly threatened to take the property by eminent domain if such a course were necessary to exclude Christ Church.
Sceusi denied that vehemently.
"That is absolutely a lie," he said. "I never, ever threatened them. That's absolutely a bald- faced lie."
The suit also singles out Environmental Commission chair Pat Matarazzo for attending a Voices of Rockaway Township fund-raiser and providing the group a copy of the plans.
Matarazzo said Friday that he didn't attend the fund-raiser but simply dropped off copies of the plans, which are public information, to the meeting organizers. Besides, he added, by that point he had already submitted his report to the planning board.
"They can say whatever they want," Matarazzo said. "Most of it's untrue."
Paula Saha covers The Rockaways. She can be reached at psa ha@starledger.com or (973) 539-7910.
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The truth wins out over slick PR and personal attacks.
The Christ Church Plan for the redevelopment of 140 Green Pond Rd is just too big for the area.
"The lawsuit also says that Sceusi, at a private meeting with Christ Church pastor, the Rev. David Ireland, and others in July 2003, openly threatened to take the property by eminent domain if such a course were necessary to exclude Christ Church."
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Anyone who has spoken with Mayor Sceusi or gotten to know him via the PB meetings knows that he would never say such a thing. This charge by CC goes directly to the lack of character of its leader, David Ireland.
Hello David - - - from one Ordained Minister to another - - - have you ever heard this one:
"You shall not bear false witness against your neighbor."
(EX 20.12)
Or maybe there is an explaination for your behaviour. Maybe you have written your own bible down there in Montclair called "The Book of Ireland".
ps FYI - The above passage is part of something that the Judeo - Christian world refers to as the Ten Commandments. See, ya learned something today by paying attention to our little bbs.
Lou would never have made that statement - he's much smarter than that! I am suprised that he did not name Lisa and the members of that evil VORT group. The rev must be paronoid - all the residents of Rockaway have conspired with our Mayor to let everyone and their brother move here, but have excluded his Holiness and entourage...boggles the mind...
The charges are so ridiculous that they should be immediately dismissed in a few years when they get to court. The Mayor would never say such a thing, we all know that. After all he is a lawyer himself and a very intelligent individual. He stressed repeatedly at all of his appearances at the VORT meetings that he could NOT take sides and HAD TO REMAIN NEUTRAL in fairness to the applicant. He takes his position and responsibilities very seriously and has remained the consumate professional throughout this entire fiasco. This in spite of constant stalking and letter writing campaigns from some lowlife's in town and the CC PR spinteam. I hope that all of this causes the rest of our residents to get as angry as I am and thereby only increases our resolve to fight this monstrosity until its out for good.