Resident is still attempting to settle lawsuit with town
The saying goes that "no good deed goes unpunished." Perhaps "no bad deed is forgiven" would be more appropriate. I have been a lifelong resident of Marlboro and despite our criminal problems, my partners and I have always considered Marlboro our hometown, having grown up here and invested our life's savings in this town that we love.

The people that know us, with perhaps a few exceptions, know that we have a sincere interest in the well being of the town. Too many residents who complain that everything about this town is going wrong are newcomers, but act out with a sense of entitlement and a vision that runs afoul of the constitution that, as a veteran, I fought to protect.

The concept of "not in my backyard" only works if you take your money and buy that land. Bad legal advice cost the residents of Marlboro millions of dollars with abysmal results. The prior administration had a personal vendetta against all builders that flowed fromRobert Kleinberg losing a lawsuit against his homebuilder.

If only he had been as motivated to solve affordable housing obligations, maybe we would not be so far behind. I called him out by posting signs in front of my home to keep residents informed and perhaps to rub his face in his disgraceful acts. He retaliated by hiring his campaign manager to fight my signs, hiding behind municipal ordinances that forbid my signs.

After researching the law (something Andy Bayer might have considered doing before proceeding with expensive losing litigations), my attorney discovered that a similar law prohibiting these types of signs had already been tested and the Supreme Court found it to be unconstitutional. I invited the township to settle the case by revising the illegal ordinance.

Rather than correct this (and numerous other) unenforceable laws, the township hired special litigation counsel who had the case transferred to federal court and proceeded to fight and bill the town. You may be surprised to learn that the special litigation attorney was a law firm that employs Kleinberg's campaign manager, Mitch Jacobs. No nepotism there (can you sense my sarcasm?).

Even after the township special counsel had the case transferred to federal court, I agreed to have the case transferred back to the local courts, including an agreement to forego any of my right to monetary damages. It is not surprising that the special counsel refused my offer and preferred to stay in federal court, even if the town had more exposure.

When Kleinberg lost by a landslide, I was obviously thrilled that the voters of Marlboro decisively sent him packing. I extended the same offer to the township's new administration to settle my lawsuit upon their agreement to review the unconstitutional sign ordinance that Kleinberg attempted to use to silence me.

I was pleased to see that the new administration was willing to look at the law and save the town the costly losing litigation. As I sat in the audience waiting to discuss the settlement, I heard the township youth committee express their need for a place for teens to safely meet and call their own.

All my partners and I have young children and on a very personal level, we could relate to the need for the teens to have a safe place to gather. With selfless intentions, I offered the use of one of the buildings in Triangle Business Park as a teen center.

Without skipping a beat, the same NIMBYs that have nothing to offer the town except criticism immediately spun my offer as being laced with ulterior motives such as a "tax write-off'." Only people that have never given charitably could spin my loss of rentable space, which will cost my partners and I over $100,000 of actual lost income per year, as having some benefit.

Madeline Hattan's letter to the News Transcript ("Writer: Donation Will Have Strings Attached), which was published in theMarch 5, 2008 edition, is an example of a dim-witted understanding of my offer.

For the record, the lawsuit that we are discussing involvesme suingMarlboro.My settlement offer is for Marlboro to do what is constitutionally required and I have agreed to forgive my right to be compensated for the violation of these fundamental rights.

The view expressed by Ms. Hattan is the same obtuse attitude that spins generosity into a "tax deductible benefit," seeing my willingness to dismiss my lawsuit as a win forme. I encourage her and all the other skeptics and pundits to enjoy the benefits of our great tax system by giving away all their money to charitable causes. After all, it's tax deductible. What better way to take advantage of the tax loopholes and get everyone back?

Edward Kay

Marlboro