Towing Company and Upper Saddle River Headed to Mediation
Tuesday, October, 6, 2015
The borough of Upper Saddle River and their local towing company, NAR Towing, are headed to mediation to resolve the lawsuit the company filed against the borough for harassment and civil rights violations. NAR Automotive and the company property owners are also named in the suit.
The lawsuit claims zoning and property maintenance officer, John Walsh tried to close the company while working with an attorney representing the business’s largest competitors.
Civil trial attorney Louis Santore will serve as the mediator in the case, but the dates for mediation have not yet been set.
Each side has a different interpretation of the zoning codes that determine if the towing company is permitted to keep vehicles outside on its property and if the zoning officer has authority to take away the company’s occupancy certificate. The complaint was originally filed in July by NAR Towing, Nar Automotive, and the property owners, Geraldine and Moncure Corey.
Walsh and the borough denied the NAR claims and believe numerous legal doctrines, as well as state laws and statute of limitations support their denial. Walsh had notified the Coreys in writing in 2011 that the towing business was in violation of borough ordinances because the business is in a highway and commercial district, which doesn’t permit goods, wares, or merchandise to be stored outside. Walsh further pointed out that borough code restricts truck terminals and depots, as well as bus and truck storage and service operations in any zone.
The parties have gone back and forth through email ever since the notice, which has now culminated in the lawsuit.