Mayor undertakes review of municipal litigation
Cases from previous administration being examined in Marlboro
BY REBECCA MORTON Staff Writer

MARLBORO - In keeping with the 100-day plan he announced upon taking office on Jan. 1, Mayor Jonathan Hornik is reviewing what he has characterized as wasteful litigation started by the prior administration.

Hornik said last week that at day 31 of his administration the municipal staff is on its way to achieving that goal.

Hornik, who is an attorney, said he had received memos on the litigation. He said he was planning to meet with township attorneys to review the legal entanglements.

The purpose of the meeting would be to review the cases and to determine which are worth pursuing and which make no sense for the township to pursue, Hornik said.

In another discussion about litigation, one item was the topic of conversation at a recent Township Council meeting. At the Jan. 17 meeting resident Eddie Kay spoke to the council about a federal case he is involved in with Marlboro.

The case stems from last year when Kay was fined by the municipality for placing what zoning officials said were billboards on his front lawn.

Billboards are not permitted in residential zones. Fines totaling $800 were paid in connection with the signs on Kay's lawn.

Kay maintained that he had the right to place the signs on his property. Many of the signs took issue with the administration of Robert Kleinberg, who served as mayor from 2004-07. Calling the municipal ordinance unconstitutional, Kay filed a lawsuit in state Superior Court claiming that Marlboro was infringing on his rights. The lawsuit was moved to federal court because it deals with an issue covered by the First Amendment in the U.S. Constitution.

In his comments to the council Kay offered a solution to the case. He asked officials to revise Marlboro's sign ordinance and to drop pending action against him. In return, Kay said he would drop his federal lawsuit against Marlboro. He provided council members with a state Supreme Court decision from a case in Stafford Township in 1988 which he said relates to this matter in Marlboro (signs).

Members of the public who were in the council chambers applauded Kay for extending the olive branch to the township. The council members and mayor said they would look into the situation.