Homeowner pays sign fine BY REBECCA MORTON Staff Writer MARLBORO - Fines totaling $800 that were imposed by the township relating to signs that were displayed on the front lawn of homeowners Edward and Barrie Kay have been settled and paid. The case was transferred from Marlboro municipal court to Lake Como municipal court and Judge Mark Apostolou accepted a motion to dismiss the case as both parties agreed to a resolution. Barrie Kay is the owner of the Kays' home on Robertsville Road. She appeared in Lake Como municipal court on Nov. 20, choosing to represent herself, with her husband by her side. Signs mocking township officials had been displayed on the Kays' front lawn earlier this year. Marlboro was represented by special counsel Thomas Cafferty who said he had letters from zoning officer Sara Paris and construction official Joseph LaBruzza, who could not be present that afternoon in court, consenting to the dismissal of the court case since the signs had been removed from the property and the fines were agreed to be paid. The charges levied against the Kays were allegations that the signs were billboards in a residential zone, which is not a permitted use. Apostolou asked that the fines be paid to Marlboro the next day, but Edward Kay said they had a check to hand over at that moment. Once the check was signed, it was turned over to Valerie Waricka, the building department's office manager. Later, Edward Kay told the News Transcript he and his wife are still pursuing a First Amendment case against Marlboro. He said he believes a township ordinance that prohibits sign structures is unconstitutional and impedes on a citizen's First Amendment right to freedom of speech. Apostolou told Barrie Kay that in light of the pending federal First Amendment case, there is a possibility that the $800 in fines that were paid to Marlboro could be refunded if the municipal ordinance is found to be unconstitutional. The signs in question originally appeared on the Kays' front lawn in March. Following a code enforcement letter that was sent to the Kays requesting that the signs be taken down, a summons was issued on April 23. The summons was issued for having an illegal billboard structure, which is considered a commercial use and not allowed in a residential zone. There was a list of other violations against Barrie Kay from the building department, including one for a lack of a permit for the construction of the sign.