Our Montville

Employment Opportunity: Municipal Court Judge

Municipal Court Judge – The Township of Montville is seeking qualified candidates for part-time Municipal Court Judge following the sudden resignation of the embattled Seth Davenport.  

Minimum qualifications: NJ resident having practiced law for at least 5 years – applications due March 15, 2010.  Interviews will be conducted on April 6, 2010 with selection process completed on April 13, 2010. Successful candidate will be required to attend the “New Judges Orientation Seminar" to be scheduled the latter half of April, 2010. 

Submit application/resume to Gertrude Atkinson, Township Clerk, 195 Changebridge Road, Montville, NJ 07045.

Judge Davenport accused of malpractice in Rosellini default

Montville municipal court judge Seth Davenport has been named in a lawsuit alleging legal malpractice and fraud (Download Davenport). The suit was filed by Dolores Kennedy in connection with a $250,000 mortgage she made in 2005 to former Mayor John Rosellini on his building at 323 Changebridge Road.  Rosellini defaulted on that mortgage along with the first and third mortgages (Download Rosellini liens).

Kennedy claims that Davenport, then her attorney, failed to obtain the necessary title work that would have revealed that she did not have a first mortgage as she claims she was led to believe. 

Davenport notarized Rosellini's signature on the $625,000 first mortgage with Lakeland Bank in October 2002 (Download Notary).

According to Rosellini's sworn deposition (Download Rosellini dep), Davenport had served as his personal attorney since at least April 2002, doing family estate litigation, matters involving Rosellini's failed attempt to lease to the building to Learning Experience, a child care center, and even handling the closing when Rosellini bought the building.

Rosellini voted to appoint Davenport as municipal judge beginning in 2003.

As a real estate developer Seth Davenport has also been a partner in Olde Towne Properties, which is seeking to expand the retail center in the Towaco Center and build residential units on a second floor.  Concerns about the sole source aquifer, additional traffic and pollution, and resident opposition have plagued the project.

Update: Davenport threatens to sue website   See Daily Record.

Longview at Montville: Pella Window Class Action

A class action lawsuit against Pella Corporation is pending.  The suit alleges that Pella ProLine aluminum-clad windows are prone to water penetration resulting in rotting of the internal wood frame beneath the aluminum cladding.  Wood rot requires replacement of the window sash and/or frame.  Because of the aluminum cladding, such damage is not always visible to the homeowner.

If you have Pella windows, wish to discuss the lawsuit or have any questions, please contact Freed & Weiss at (312) 220-0000 or e-mail info@freedweiss.com.  You may also visit the firm's website.

Former Mayor Rosellini denied taxpayer funded lawyers

Former Mayor John Rosellini will have to pay for his own legal defense following a decision by the Municipal Excess Liability fund (Download Binder2) that he appeared to have taken actions as Mayor that benefitted himself rather than Montville Township.  Municipal officials who illegally use their public office to benefit themselves are not entitled to taxpayer funded legal defense when they are sued.

Developer South Salem Street Associates claims that in June 2003 Rosellini and the Montville Planning Board improperly denied a fully conforming site plan which would have contained a child care center at their property at 330 Changebridge Road.  The very same week Rosellini signed a lease - with the very same tenant - for a child care center at his own property at 323 Changebridge Road. 

In 2004 the Superior Court overturned the Planning Board's denial as "arbitrary and capricious" and approved South Salem Street's site plan.  Rosellini subsequently invoked the 5th Amendment when questioned by the Morris County Prosecutor (Download 5-5-06 Rosellini).

The now 5 year old lawsuit is expected to be heard in 2010.

Former Montville officials settle defamation lawsuit

Political spat plays out to bitter end - Two former Montville council members have settled a lawsuit with  a local real estate broker who charged they made defamatory statements about him in campaign literature three years ago.

Marie Cetrulo and Dan Grant have sent Ron Soussa letters retracting information written about him in their campaign mailings and internet postings prior to losing their 2005 primary and general elections. 

Cetrulo, a former Montville councilwoman and mayor who has since moved to Georgia, also paid Soussa $5,000 in damages.

CONTROVERSIAL KELLY CONDO BILL SETTLED!

See Daily Record.  The Township of Montville and the Townhouse Condominium Coalition have reached agreement regarding Kelly Bill provisions as well as supplemental provisions not specifically provided in the Kelly Bill. The Kelly Bill specifies services that must be provided by the Township or compensated by the Township to Townhouse Condominium residents. The current 5-year agreement expires on December 31, 2007.

The new agreement will be for a 5/25-year term encompassing all obligations required by the Kelly Bill as well as road maintenance, which is not specifically addressed within the Kelly Bill.    Discuss on OurMontville blog.     Download kelly_condo_bill_settled.doc