Tricare Hearing Postponed in County Court
Several motions will be heard before Judge Rand on Tuesday.
The borough's attorney in the matter, Denis Driscoll, said there are several motions to be heard by the Hon. David Rand before trial begins on Sept. 17.
Tricare, a gambling addiction treatment company, filed a lawsuit in state Superior Court in Morristown May 13, 2010 against the borough's Zoning Board of Adjustment, Planning Board, council and then-Mayor Nelson Vaughan.
The borough's Zoning Officer, Vincent J. DeNave, said the gambling addiction facility represented a continued use of the pre-existing non-conforming Parrot Mill Inn since it would be used for lodging.
Residents reacted angrily, however, and eventually appealed to the Zoning Board of Adjustment, which said the gambling addiction facility was not similar enough to the bed-and-breakfast to allow it to exist inside the building without a variance at its March 24, 2010 meeting.
The complaint alleged all parties acted unlawfully in a variety of ways, and that the Planning Board and the Board of Adjustment "violated principals [sic] of fundamental fairness." It also alleges the parties violated the Americans with Disabilities Act and the Fair Housing Act, and demands judgment for damages and attorney's fees.
The courts later determined there were no grounds for Vaughan and the council to be named in the suit, and their names were dropped.