Tricare Appeals Dismissal, Files New Complaint Against Borough

Litigation continues over a gambling addiction treatment center that hoped to move into the Parrot Mill Inn in Chatham Borough.

Chatham Borough Attorney James Lott said Tricare Treatment Services, LLC has appealed a dismissal of their 2010 lawsuit by the Hon. Thomas V. Manahan. The appeal was filed on July 11 and a settlement conference is scheduled for Thursday in Newark.

Tricare also filed a new complaint against the borough, this time alleging they were denied access to unredacted public records when submitting a use variance application to the Zoning Board of Adjustment.

Tricare's original lawsuit was filed on May 7, 2010, in Morris County Superior Court and alleged the borough wrongfully denied permission for a gambling addiction treatment facility at the Parrot Mill Inn, then owned by Toby Kennedy. The complaint demanded approval of the treatment center, monetary damages and attorneys fees from the Borough. 

According to Lott, Tricare has made several amendments to the original complaint over the past three years, including adding new parties and changing the claims included in the suit.

"Over the course of the two-year litigation, the borough has vigorously contested all allegations made by Tricare," Lott said.

Manahan eventually told Tricare to file a use variance application to the Zoning Board of Adjustment for the center and thereby exhaust the last administrative remedy for the issue. When the application was found to be deficient and Tricare failed to perfect it, Manahan dismissed the lawsuit with prejudice on June 28, 2013.

Tricare appealed less than two weeks later.

"The Borough maintains that Judge Manahan properly dismissed Tricare’s complaint and that the appeal taken by Tricare is frivolous and without merit," Lott said in his report to the Chatham Borough Council Monday.

Tricare also filed a new complaint against the borough on July 3. During the week of August 5 Lott said they amended the complaint to allege that they were unable to gain access to unredacted public records while working to perfect the use variance application.

Lott said again the borough denies all allegations of wrongdoing."