Gambling Treatment Facility Sues Borough Council, Planning Board, Zoning Board; Requests Damages

UPDATE: 6:45 p.m. Tricare Treatment Services LLC, a gambling addiction residential treatment company that had been planning to house patients in the Parrot Mill Inn, has filed a lawsuit against various borough government officials, alleging they violated state law in denying him permission to use the facility.

The complaint was filed in state Superior Court in Morristown May 13 against the borough's Zoning Board of Adjustment and Planning Board. It also names Mayor Nelson Vaughan and the Borough Council, and alleges all of those parties acted unlawfully in a variety of ways.

Borough Zoning Officer Vince DeNave had previously decided that the gambling addiction facility represented a continued use of the Parrot Mill Inn since it would be used for lodging, and in February, the Planning Board approved Tricare's application to change some of the bedrooms into offices.

But residents reacted angrily and eventually appealed DeNave's decision to the Zoning Board of Adjustment, claiming the property did not represent a continued use. The Zoning Board upheld the appeal at its March 24 meeting, saying the gambling addiction facility was not similar enough to the bed and breakfast to allow it to exist inside the building without a variance.

In the suit, Tricare alleges the Planning Board and the Board of Adjustment, as well as the mayor and the Borough Council, "violated principals [sic] of fundamental fairness."

"The Board of Adjustment's action should be reversed," the complaint reads. "The action of the Board of Adjustment was arbitrary, capricious and unreasonable."

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.

No Tricare Treatment Services representatives were present at the March 24 Board of Adjustment meeting, but the lawsuit alleges Tricare was never formally notified of the meeting.

Tricare owner Michael Osborne had operated a similar facility in Baltimore before attempting to open the facility in Chatham.

When reached for comment today, Osborne referred all questions to Morristown attorney Lawrence B. Litwin, who is representing Tricare in the matter. Litwin declined comment, saying it would be inappropriate to discuss pending litigation.

Vaughan said the lawsuit was "a shame."

"It's unfortunate that it's come to this," he said. "As I understand I am personally named in the suit, I can't say anything further."