Orange Files Suit Against Essex County over Reservoir Encroachment.

Statement by Mayor Eldridge Hawkins, Jr.:

“Today the City of Orange Township is filing a lawsuit for damages of one million dollars against Essex County for the County’s past and continuing illegal use of our land despite the fact that we have asked the County to cease and desist from trespassing on our land and lake.

On January 25th, 2010, The City of Orange Township sent a letter to County Executive Joseph Di Vincenzo informing him that Essex County, for many years has been illegally using our land at the former Orange Reservoir. The land has been used for a carnival train to the Turtle Back Zoo without permission.  In the letter, I asked for a written response to enable the citizens of Orange to receive payment for the County’s use of our property. It has been fourteen months, and, incredibly, we have still not received an answer. Essex County is disrespecting the people of Orange by ignoring this letter.

We file this lawsuit after more than a year of fruitless discussions regarding the county’s request to use part of our reservoir property for an expansion of its adjacent recreational complex. Orange has made it clear that our property is not for sale but that we would consider a fair and reasonable lease. Unfortunately, the County has insisted on purchasing the property for an amount well below its value. Adding insult to injury, the County has threatened to use eminent domain if we do not sell them the property on their terms.

Nonetheless, I continue to be available to meet at any time with County officials to discuss a lease for the Reservoir property as well as compensation for the County’s past and ongoing use of our land.”

Statement by At-Large Councilman Elroy Corbitt:
“It appears that Essex County Executive Joe Di Vincenzo, Jr. is continuing to disrespect the people of Orange by seeking to take our land at the Orange Reservoir without fair compensation. I want to remind the County Executive that our reservoir is not for sale and that, if he wants to use our land, he must negotiate a fair lease.“

Statement by Councilman Rayfield Morton:
“I and a majority of the Orange City Council are against selling our reservoir to Essex County. The beautiful lake holds a special place in the hearts of Orange residents. It’s a valuable asset for our city. It’s where we hold our annual senior picnic. It’s where generations of Orange residents have gone to hike and fish.  It would be a win-win situation for the County to lease the land. Our taxpayers would get ongoing income to help hold down taxes and the people of Essex County would get to enjoy our unique and irreplaceable water and open space.”

Statement by City Attorney Marvin Braker:
“The mayor and citizens of this municipality recognize that this is a very valuable asset to the city. Any reasonable person or land owner recognizes how egregious it is to have someone trespass on or invade ones property without their permission. "      

Lawsuit documents and Mayor’s Letter dated January 25, 2010 below:

 

Letter from Mayor Eldridge Hawkins, Jr. to County Executive Joseph DiVincenzo, Jr. dated January 25, 2010:

 

Joseph N. DiVincenzo, Jr.
Hall of Records, Room 405
465 Dr. Martin Luther King Jr.
Newark, NJ 07102

Re: Orange Reservoir

Dear Mr. DiVincenzo:

The City of Orange Township owns property in the Township of West Orange legally described as Tax Lot 2, Block 162 and Tax Lot 1, Block 163 and also known as the Orange Reservoir.  This property consists of more than 5,000,000 square feet (115.53 Acres). There are no easements, licenses or agreements of record which allows any other entity to use the tract of land owned by the Township of Orange and otherwise known as the Orange Reservoir.

For sometime the County has operated a carnival train that runs within the perimeter of the City’s reservoir property onto Turtle Back Zoo (owned by the County of Essex).  During this time, the City has not received any form of compensation or consideration from the County.  I will expect that you will provide a written response outlining the County’s position so that we can come to an arrangement which is mutually beneficial to both public entities.

I await your response.

Sincerely.

 

ELDRIDGE HAWKINS, JR.
MAYOR

Complaint by City of Orange Township:

 

MARVIN T. BRAKER, CITY ATTORNEY
City of Orange Township
29 North Day Street
Orange, New Jersey 07050
(973) 266-4197

Attorney for Plaintiff City of Orange Township

 

Plaintiff, City of Orange Township, a municipal corporation established under the laws of the State of New Jersey, with principal offices at 29 North Day Street, Orange, New Jersey, by way of complaint against Defendant, hereby alleges and says:
THE PARTIES
1.  This action is instituted by the City of Orange Township located at 29 North Day Street, Orange, New Jersey, for monetary damages from Defendants, Joseph N. DiVincenzo, Jr. and  County of Essex with regard to defendants unauthorized use of plaintiff’s property.
FACTUAL ALLEGATIONS
2.  Plaintiff is the owner of the Orange Reservoir property located in West Orange, New Jersey
3.  Defendants control, own or operate a zoo adjacent to plaintiff’s property.  A miniature train ride runs through defendants property and on to plaintiff’s property.

COUNT ONE
(TRESPASS)

Plaintiff, City of Orange Township repeats and re-alleges the allegations set forth in Paragraphs 1 through 3 of the Complaint as if set forth full herein
4.  On January 1, 2002, and at all times hereinafter referred to, the plaintiff was the owner of certain lands and premises located in West Orange, New Jersey centered in the vicinity of 40.7633°N 74.285°W, comprising the Orange Reservoir facility (hereinafter “Orange Reservoir”).
5.  On January 1, 2002, and upon many days thereafter, the defendant, lacking permission to do so, entered onto the Orange Reservoir property and authorized the construction and/or operation an amusement ride consisting of train tracks, and a small train for transporting Turtle Back Zoo patrons (hereinafter Turtle Back Zoo Train), and greatly damaged and spoiled the crops, grass and earth of the plaintiff and did otherwise injure and damage the property of the plaintiff.
6.  Plaintiff has demanded of defendants on numerous occasions that the defendants cease and desist from trespassing on plaintiff’s land and private lake, but despite such demands, defendants have continued and threatens to continue to trespass.  The encroachment onto plaintiff’s land totals 1,660 feet.
7.   Plaintiff has no adequate remedy at law since the damages caused by the defendants repeated acts are extremely difficult or impossible to ascertain.  The acts, if continued, will cause plaintiff irreparable injury in that they will result in a proscriptive easement on the property, and to obtain redress and damages would require a multiplicity of action.  The encroachment upon plaintiff’s land without any permission has been ongoing and deliberate by defendant.
As a result of defendant’s entrance, construction and continued use of the Turtleback Zoo Train, plaintiff suffered additional special damage from the loss of the use of a portion of the Orange Reservoir property.  Based on yearly rental figures, plaintiff estimates such damages to be approximately One Million ($1,000,000.00) Dollars.
WHEREFORE, plaintiff, City of Orange demands judgment against the defendant for damages, interest together with costs of suit.

 

______________________________
MARVIN T. BRAKER
CITY ATTORNEY
Attorney for Plaintiff
Dated:                                                                         City of Orange Township

 

JURY DEMAND

 

Plaintiff hereby demands a trial by jury as to all issues so triable.

 

______________________________
Dated:                                                                         MARVIN T. BRAKER

 

 

CERTIFICATION PURSUANT TO RULE 4:5-1

The within matter is not the subject of any other action pending in any Court or of a pending arbitration proceeding nor is any other action or arbitration proceeding contemplated nor is Plaintiff aware of any other party who ought to be joined in this action.

 

_______________________________
Dated:                                                                                                                                                 MARVIN T. BRAKER