August 12, 2009
Trial Begins
On August 12, 2009, Burlington County Court Judge Michael Hogan began hearing testimony in the case.
Judge Grants Partial Summary Judgment
Burlington County Court Judge Michael Hogan rendered a decision granting the OTCC's motion for partial summary judgment, disposing of many of the counts of the counterclaim filed by the defendant against the OTCC. The judge also denied the defendant's motion to enforce what the defendant claimed was a settlement agreement between the parties. Finally, the judge ordered the defendant to submit an application to the Board with respect to her disputed floating dock, for the Board to consider and decide whether it conforms with applicable rules, regulations and deed restrictions.
Click here to view the court's order and memorandum explaining its decisions.
No Settlement Reached
Despite the exchange of numerous drafts of the proposed comprehensive settlement and further assistance of the mediator, the parties are unable to agree on the written document. Accordingly, no settlement occurs and the litigation resumes.
ADR (Mediation) Begins
The parties enter into court-ordered alternative dispute resolution (ADR). Representatives of Carlson (Jack Galgon) and OTCC (Marty Hamilton) meet with a mediator (without attorneys present) and reach an agreement in principle, subject to approval by the OTCC Board. A detailed formal settlement agreement is to be prepared by their attorneys. The Board approves the terms of the settlement with modifications and has its counsel prepare the first draft of the settlement agreement.
Answer to Counterclaim Filed
The OTCC filed an answer to the plaintiff's counterclaim. Click here to view the document.
Counterclaim Filed
Through her attorney, defendant Karen Carlson filed a counterclaim against the OTCC. Click here to view the document.
Judge Issues Order Allowing Expert Examination
Judge Bookbinder issued an order allowing a tree expert firm retained by OTCC to "examine and investigate the logs, cut trees or other tree debris located at" the Carlson property. Click here to view the document. The judge has ordered that trees must be replaced and he is sending both parties to mediation to work out details of a re-vegetation plan. OTCC suggested through counsel that both parties meet and come to an agreement on re-vegetation without going to the time and expense of having the tree experts conduct testing and prepare reports. Word came back that the property owner refused.
Judge Issues "Tentative Disposition"
Judge Bookbinder issued a "tentative disposition" based on the papers filed by the parties. The judge indicated that he is inclined to grant the relief requested by the OTCC, i.e. that defendant Carlson replace and maintain the trees that were cut down. Click here to view the document.
Response Filed
Through her attorney, defendant Karen Carlson filed an answer to the complaint, in which she admitted that the trees were cut down without permission but denied that the restrictions in her deed were applicable to her. Click here to view the document.
Judge Issues Order Against Tree-Cutting
Judge Ronald Bookbinder of the New Jersey Superior Court in Burlington County has issued a temporary restraining order against the owner of One Piney Run Road, Karen Carlson, prohibiting further cutting of trees at the property and requiring that the property be maintained in its present condition, including any stumps and stacked cut trees, pending further order of the court. The judge has scheduled a hearing for February 1 to decide whether Carlson should be ordered "to replace and maintain the trees that were cut in violation of the restrictions and covenants applicable to her property." Click here to view the order.
OTCC Lawsuit Seeks Replanting After Tree Cutting
The Old Taunton Colony Club board of trustees has filed suit in Burlington County Superior Court, seeking replanting of trees at One Piney Run Road, after a massive tree cutting took place in November without permission of or notice to the Board. The suit was filed after no response was received to letters sent to the property owner. The full complaint, as filed with the court, can be downloaded here.
Below are the photos that were included with the complaint. These photos show only some of the felled trees. More photos can be viewed here.
Further explanation and discussion of this situation appears in the December 2007 issue of the Taunton Times.
