Millville lost its claim to recoup legal fees from defending itself against a local citizens group.
TrackRacket sued Millville recently over the noise emanating from the racetrack. It claimed that the city has failed to enforce its nuisance law. In August, a judge tossed the claim citing that there was specific language in another ordinance that addressed the noise at NJMP.
A month later, the city used tax dollars to sue the local group. Why? It claimed it wanted to recoup the legal fees for defending itself against the suit.
It was nonsensical to do so.
It was clear to most that Millville was trying to intimidate this group. By filing suit, it wanted TrackRacket to back off. Since the group is funded by just a few citizens, hitting them with a $14,000 bill would have had the effect of stifling dissent.
In order to have recouped the money, Millville needed to show that the original suit against the city was frivolous. Of course, it was not. I certainly understand the court’s ruling to dismiss the complaint against the city, but it could have just as easily delved into the baffling noise ordinance that governs the noise at NJMP. As soon as that is done, the sooner this issue is forced to resolution.
Today the judge dismissed Millville’s claim. It cannot recoup the legal fees for defending itself.
Just this week the City Commission claimed that there was absolutely nothing more it could cut from the budget to balance it. Perhaps a change in its legal policy would save taxpayers money.
How many tax dollars were spent to file and argue this ridiculous charge against TrackRacket? Who will be the first to file an OPRA request to find out how much this latest political positioning cost us?
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