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Collingswood Throws Legal Body Blow at LumberYard Petitioners

By seeking a preventive adjudication, borough leaders are hoping to knock down talk of a ballot initiative.

 
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The LumberYard
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Even as the Collingswood Planning Board approved revised ordinances governing the completion of the LumberYard this week, the borough is taking additional steps to close off any lingering opposition.

Collingswood issued a statement that it would seek “a declaratory judgment from the New Jersey Superior Court" on the legality of a petition submitted by residents regarding the final phase of the LumberYard redevelopment project.

The move could take the air out of a citizen-led petition delivered to the municipal government earlier this month that called for putting the redevelopment plan and 25-year PILOT grant issued to its developer, Ingerman Group, up for a referendum.

“There’s 13,962 people in this town,” said Collingswood resident Joseph Dinella, one of the authors of the petition. “If they want to vote on it and approve it, that’s great; they should at least be allowed the chance to vote on it.”

Collingswood Mayor James Maley said that the request for a declaratory judgment was made in order to bolster support for the legal position of the borough, “rather than us just unilaterally acting on our opinion, which is that the law does not permit a referendum.

“I think our interpretation of the law is correct, so I expect that we’ll prevail,” Maley said. “We’re trying to get clarity to it quicker.”

Maley anticipates that the borough will get a sense today of how long it will take before an outcome on the issue is available.

Even if the declaratory judgment finds in favor of the borough, Dinella still feels that petitioners have a case.

“Four hundred thirty-five people signed [the petition],” Dinella said Thursday. “We stand by their decision to sign it and our decision to pass it around. It’s a reasonable course of action.”

Dinella is a union worker, not a lawyer, but he’s hoping that there’s enough room for a judge to allow the action to proceed.

“What little bit of research I’ve been able to do, there’s only one case anywhere near it,” he said.

Still, Dinella admits, a defeat at this stage of the game would make further alternatives both less hopeful and more expensive.

“We don’t have a lawyer and we don’t have any funds,” he said. “I guess we’re going to have to go to court.”

Related Topics: Ballot Initiatives, Declaratory Judgment, Ingerman Group, Joseph Dinella, Mayor James Maley, Petition, and lumberyard

Kevin

7:56 am on Friday, August 31, 2012

Good work Joe. Keep up the good fight. This clown Maley can not get out of office quickly enough. 25 years of PILOT payments? Who offers such a ludicrous deal? Only our mayor. He has no regard for his tax paying constituents. He has treated this town like his own Monopoly board over the years. What is Collingswood even doing involved in real estate?

People of Collingswood need to wake up before he continues to make bad decisions that impact our town. He is the epitome of the joke, "How do you know a politician is lying? His lips are moving". We may not get a voice on the referendum, but I do get a voice in the next election. Maley has lost my vote this time around.

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Joseph Forrest

12:53 pm on Friday, August 31, 2012

@Kevin - couldn't agree more. But WHO is going to run against him??? Letting an unsavy, untrained, public-enemy-No.1, like Joe run for office will only guarantee a loss. Where are all of the well-spoken, intelligent, passionate, and courageous residents hiding??? This is a town of 13,000 people, and the election is non partisan! For God's sake, it wouldn't take much to win! Bueller......Bueller....

mary anne degenhart

8:28 am on Friday, August 31, 2012

I agree with Joe DiNella that residents should have an opportunity to vote on this, and I applaud those who took the effort to secure signatures on the petition.
PS What's up with that photo of Joe DiNella, Patch. Is that supposed to be funny? I'm very disappointed.
Mary Anne D

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Suzanne Cloud

9:22 am on Friday, August 31, 2012

Yes, please replace that photo of Mr. Dinella. I don't have a dog in this fight (although I live in Collingswood), but juxtaposing the friendly photo of the mayor with kids with the gentleman in the yellow tee with half his face cut off is biased journalism at the very least. If you think you'll build Patch circulation this way, you have another think coming.

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Porterincollingswood

9:25 am on Friday, August 31, 2012

In fairness, they should just photoshop Joe's head onto the body of Michael Phelps. That's just basic journalistic ethics.

I shouldn't need to tell Patch that.

The movement, that won't even organize itself enough to run a candidate against the mayor, continues to put it's anti-seriousness and silliness on display.

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Matt Skoufalos

9:31 am on Friday, August 31, 2012

I really don't understand what about that picture you think is supposed to be biased. It was taken of Mr. Dinella on national night out when he was circulating the request for petition signatures. His head isn't cut off if you click on the image. You're looking at a thumbnail preview. I have nothing to do with the way that displays.

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Matt Skoufalos

10:17 am on Friday, August 31, 2012

For those who weighed in: I've added a second photo of Mr. Dinella from that evening, which hopefully offers some context, and I was able to figure out how to adjust the preview graphic in our system. It should be noted these are file photos, and the only two of Mr. Dinella in our system. If you have a better one, please feel free to add it via the "Upload Photos & Videos" button or refer to our photo tutorial:

http://collingswood.patch.com/articles/patch-101-share-your-pictures-5f19a2a4

Gabe Fletcher

12:05 pm on Friday, August 31, 2012

People will always rebel against change and innovation. LOL.

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Joseph Forrest

12:44 pm on Friday, August 31, 2012

@Gabe - this isn't change and innovation. The financial and infrastructure particulars of these changes are terrible, and go against all logic and industry standards. This is an example of "small town politics" at work. A select few people are making decisions that will affect the finances, infrastructure, safety, and aesthetics of Collingswood for years to come.

David Maynard

12:45 pm on Friday, August 31, 2012

the right of redress is imbedded in and a requisite to a democratic form of government. Opposition to the referendum notion may be reasonable but what then is the appropriate format for disagreement other than elections which are too infrequent to be the only feedback mechanism?

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Joseph Forrest

12:49 pm on Friday, August 31, 2012

@Porter - I couldn't agree more! I don't know whether I'm more pissed at Maley & Co. for their arrogant attitude and reckless plans, or Dinella & Co. for their ridiculous public image, lack of organization, and failure to muster even the most basic foundation of an opposition. I'm disgusted all around. Collingswood is a small town with many bright and genuine people. To think that Joe & Co. have been unable or unwillings to garner proper support and pro-bono resources to fight injustice....leaves me speechless.

Helen Keller, Scooby Doo, and a randomly chosen child from the Collingswood 5th grade, could organize and lead an opposition better than Dinella & Co. WAKE UP PEOPLE! If you care about Collingswood, and you see the writing on the wall...DO SOMETHING ABOUT IT!

Every day that goes by, is just another day that Maley and his cronnies have to find ways to defeat opposition before it even starts. Just another day for Maley to do what attorneys do best: Screw people.

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Will McGowan

2:13 pm on Friday, August 31, 2012

As someone else pointed out, I have no dog in this fight either. I am, as a taxpayer, completely opposed to taking the next phase of the Lumberyard and making it rentals of any kind. Haven't we learned from The Heights of Collingswood that people do not innately take care of things that have no stake nor investment in? Building in Philly is picking up again in the "established" as well as "upcoming" neighborhoods. They are building "market priced" homes that WILL sell. Why can't we go with 12-15 townhomes, 3 BR, 2.5 baths and a garge? How are the current Lumberyard folks who bought at a premium not enraged?! Do they realize that they will very likely never see equity in their purchase? Seriously...rentals? Please don't feed me the Kool-Aid that says, "oh...no..not THOSE kind of rentals!". Sorry but I do not buy it at all.

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Gary B

9:25 pm on Friday, August 31, 2012

Will, good points about Philly, I spend a lot of time there, it's true, revitalization is moving ahead. ... I just want to point out also though, that Collingswood is a 50/50 town of renters and home owners, and has been about the same approximate ratio for over a decade. The HOC has had more than its fair share of negative attention no doubt, but there are over 1,200 units there and about four city square blocks,,,and most people don't want the riff raff any more than you or I :)

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Kim R.

7:57 pm on Saturday, September 1, 2012

Heights of Collingswood "riff-raff" checking in from my park-surrounded apartment with a view of the Philly skyline and a location that's not 750 feet away from the PATCO tracks. Can you not judge the lot of us by the actions of a few? I take wonderful care of my apartment and the property around me as I can. There are plenty of people who rent homes in Collingswood as well, primarily because they won't pay the exorbitant asking prices and crazy property taxes. Focus on the PILOT grant, not the people who might be THOSE kind of renters.

David Maynard

4:42 pm on Friday, August 31, 2012

@ Will I don't think the physical size of the location would allow for 12-15 town homes that would sell at the price points needed to make the project economically viable and 60 additional office workers on Haddon Ave would do a decent amount to support local restaurants and retail....as for apartments...I agree

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Colls kid

8:15 am on Saturday, September 1, 2012

I am a renter in this town & i do take care of my place & the property that surrounds it. Not all renters are bad! Some of us are rebuilding our lives after divorce, job loss, etc. I understand renters in general get a bad name, but i would hope if the rentals go thru there, that they are not accepting renters who need government assistance.

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Will McGowan

8:55 am on Saturday, September 1, 2012

@Colls. I, in no way mean "all renters are bad". The point Colls, is that the complex was sold to the town as something totally different that what is evolving into. I have seen no accountability apart from "the market went bad". I just feel a vote should be had an more transparency should be granted as to all of the options that are on the table. I am glad that something is being done to that eyesore of a space; I just wish it were something more permanent for purposes of equity and resale. Did you ever try to sell a one bedroom condo or apartment?
@Gary...you are probably right about the space issue!

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tim oneill

12:58 pm on Saturday, September 1, 2012

Joe, If you have some leagal help you might get them to file a motion to deny maley a hearing based on the facts; A. no harm has been done to the plaintiff or will be done to the plaintiff with this petition, B. Maley's legal actions and motives are based on monetary gain and to save his personal and professional career because of his attempt to run municipal government as an outlet for realestate investors and contractors and by puuting the gambling with the taxpayers money just as wall street did betting that the lumberyard would be finished and sold before the housing bubble burst and C. because of Maley's "creative financining", he has put the financial futures of every taxpayer in Collingswood in question especially we who are either retired, fixed income, low income and moderate income. But most importantly D. NJ Constitution, Article One: 2.a. "All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it". Maley is violating his oath of office and the NJ Constitution by fighting this petition evevn if his opinion may be legally arguable, we still have the right to fight a mini norcross who's ego is as big as those on wall street..

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libsrsic

12:32 pm on Sunday, September 2, 2012

Disregard of a State's or Country's Constitution seems to be de rigueur with certain political parties these days.

John Melilli

5:53 pm on Saturday, September 1, 2012

Joe: time to call for a meeting. Call me. John Melilli

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James R Schmidt

3:17 pm on Sunday, September 2, 2012

What is truly most distrubing is WHY...........they would go in that direction???

The move could take the air out of a citizen-led petition delivered to the municipal government earlier this month that called for putting the redevelopment plan and 25-year PILOT grant issued to its developer, Ingerman Group, up for a referendum

What are they afraid of?? Why would they question or doubt PUBLIC CONCERN??

Wanna bet the SHREDDER is working overtime???

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truth

7:43 pm on Sunday, September 2, 2012

Joe is a problem. He opposes any and everything. Maybe if he had a real job and maybe if he purchased his property himself he would not have so much time on his hands to stir up trouble. What doesn't he oppose? He attends school board meeting (when he clearly does not even have child in school) just to oppose things. He is a distraction on the road to progress. He clearly opposes things that are even in his best interest like Rogaine.

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tim oneill

11:44 pm on Sunday, September 2, 2012

using your logic then members of the school board should only be people with kids in the system. Forget any constitutional rights we may have, forget the fact we pay school taxes, no you would rather see Maley's policies of exclusion continue in Collingswood only you would take it a step or two further.

Will McGowan

10:58 am on Monday, September 3, 2012

Name calling isn't going to get this done right. Mr. Dinella breaking things up just because it breaks Maley's stones isn't a reason to do it either. I want to see progress at the Lumberyard as well but we get no "3rd strike" here. If this is just being done in haste because we think it is that last resort or to save face, then it likely is not the way to do it. If enough people in a small town like Collingswood want a referendum or more transparency to see what is to be built, then they should have it. Who besides Ingermann has submitted bids and what were the rejected ideas? Why were they rejected and who rejected them? I would like to know more as well. I get very nervous when I hear the already sketchy town government "blocking" petitions of taxpayers.

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Charles longo

10:47 am on Wednesday, February 27, 2013

change is always hard and requires open minds nobody said no too the $150 rebate you received from Collingswood and the vacant store fronts before the Mayor took office. The time has come to come to the adult side of the table and look at all the good things that we enjoy in town. At times things don"t always go as planed but at lease our Mayor did not run away from something which will turn out to be a good thing

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Phil C.

9:51 pm on Wednesday, March 20, 2013

Hey gang Probably at this point no one is reading these comments but here goes,
1.) you want change organize a real challenger from what I have read the opposition is weak. 2.) Collingswood residents need a place like face book where we can meet and form opinions and continue the discussion long after the elections 3.) term limits, term limits ,term limits , like the President of USA you can run once we elect you if we like you you can remain for another term, after that you are out!

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Joseph Forrest

10:05 pm on Wednesday, March 20, 2013

@hey Phil. I agree with you whole heartedly. Come out to the "fresh start" event this Thursday night at 7p, 900 Haddon avenue. You're right, we need to organize. A town like Collingswood should have a real civic group to help coordinate things such as this. We have an arrogant government and no civic leadership.

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