In an effort to promote transparency for the public, all documents relating to the case of Jance Hosbach, David P. Morrisette and Sandra S. Morrisette (Plaintiffs) v. Town of Phillipsburg Townd Council (Defendent) will be posted. This is related to challenging Ordinance 2021-14. This ordinance changed the zoning of the Peron Howard Street Property from residental to heavy industrial. We, the plaintiffs, firmly believe that the Court will vacate Ordinance 2021-14 because of conflicts of interest and the zoning for the Peron Howard Street property will be returned to residential.
You will be able to find links to these documents on this page. Just click on the text of the document you would like to download.
There are now two lawsuits against the Town of Phillipsburg regarding two separate ordinances, and the allegations are that one or more Council members had conflicts of interest:
- Docket Number: WRN-L-248-21 - was filed June 25, 2021. The Plaintiffs in this case are Janet Hosbach, David Morrisette and Sandra Morrisette. One quick note in this case is that although Brenda and Garis Kormandy are listed on the court documents as being plaintiffs, the Kormandys removed themselves as plaintiffs early on in the case.
- Docket Number: WRN-L-341-22 - was filed December 23, 2022. The Plaintiff in this case are David and Sandra Morrisette.
In the description/comment section of the table, it will be noted by Docket Number which case the document linked refers to .
Click on the text to download the document or file.
| 07192023-WRN341-22-MotionForOralArguments-RescheduledTo-08252023.pdf | Docket Number WRN-L-341-22 This correspondence from the Court rescheles the oral arguments requested from 08042023 to 08252023. |
| 07172023-WRN341-22-MotionFiledForOralArguments-Notification.pdf | Docket Number WRN-L-341-22 This correspondence from the court states that oral arguments have been requested. Specifically: "The motion filed on 07/14/2023 will be decided on 08/04/2023. Oral argument has been requested. You will be notified when oral argument is scheduled. Do not come to the courthouse unless you are so notified. Re: MOTION FOR SUMMARY JUDGMENT" |
| 07142023-WRN341-22-FromCourt-Notification-MotionForSummaryJudgement.pdf | Docket Number WRN-L-341-22 This correspondence from the court grants a date in response to Attorney Dickson's request for a Summary Judgement. Specifically: "The motion filed on 07/13/2023 will be decided on 08/25/2023. Do not come to the courthouse because no oral argument has been requested. The court's decision will be provided to you. Re: MOTION FOR SUMMARY JUDGMENT." |
| 07142023-WRN341-22-MotionForSummaryJudgementSumittedByDickson.pdf | Docket Number WRN-L-341-22 This is a motion for Summary Judgement written by Attorney Dickson. |
| 07132023-WRN341-2207132023-MotionsForSummaryJudgementSubmittedByDickson.pdf | Docket Number WRN-L-341-22 This is a motion for Summary Judgement submitted by Attorney Dickson, mentioning various reasons why Ordinance 2022-30 should be vacated. |
| 07132023-WRN341-22-CorrespondenceFromDickson.pdf | Docket Number WRN-L-341-22T gCorrespondence from Attorney Dickson to Judge Shanahan. Attorney Dickson explains that the information in the Summary Judgement Motion is essentially the same with no matierial changes other than to include a statement of material facts as to which there is no genuine dispute. |
| 06152023-WRN341-22-FromCourtFileBriefsAsMotions.pdf | Docket Number WRN-L-341-22 Clerk Notice: ... - Judge Shanahan has reviewed the correspondence filed and decided the matter may be heard through cross-motions for summary judgement. Plese re-file the briefs as motions. The return date will be August 4, 2023. |
| 05252023-WRM341-22-FromCollinsRequestingConfirmingBriefsConvertingToMotions.pdf | Docket Number WRN-L-341-22 Letter from Attorney Collins to the court requesting that previously filed trial briefs be converted into cross-motion briefs and that an oral argument date on the motion be scheduled. Attorney Collins and Attorney Dickson are in agreement on proceeding in this fasion if allowd by the Court. |
| 05222023-WRN341-22-ConsentOrderDeniedByCourt.pdf | Docket Number WRN-L-341-22 The Consent Order was denied by Judge Shanahan. The reason for the denial is: "*Denied per Chief Justice that effective February 21, 2023 trials in the Civil Division will not be conducted." |
| 05182023-WRN341-22-FromCollinsConsentOrder.pdf | Docket Number WRN-L-341-22 Written by Attorney Collins requesting, with the consent of Attorney Dickson, to Judge Ballard, a date for the case to be heard. |
| 05-16-2023 | Docket Number WRN-L-341-22 Case Management Conference with Judge Ballard |
| 05092023-WRN341-22-BriefSubmittedByDickson.pdf | Docket Number WRN-L-341-22 A brief recap from Attorney Dickson for Judge Ballard reviewing important points of the current case (Docket Number WRN-L-231-22) and mentioning overlap with previous case (Docket Number WRN-L-248-21) which is currently being held in abeyance. |
| 05092023-WRN341-22-LetterFromDickson.pdf | Docket Number WRN-L-341-22 A letter from Attorney Dickson to Judge Ballard, reviewing facts of the case. The case WRN341-22 was reassigned to Judge Ballard. |
| 04212023-BriefByTown-WRN341-22.pdf | Docket Number WRN-L-341-22 This is the town's trial brief. |
| 04172023-LeterToCourtFromMichaelCollins-WRN341-22.pdf | Docket Number WRN-L-341-22 This letter from Michael Collins specifies that the town will will file their trial brief on April 21, 2023. |
| 04012023-CaseMagagementConference-WRN341-22.pdf | Docket Number WRN-341-22 This document specifies that a case management conference will be held on May 16, 2023 at 10 AM before Judge Ballard. The case has been reassigned to Judge Ballard. |
| 03272023-AnswerToInitialBriefMichaelCollins-WRN327-22.pdf | Docket Number WRN-341-22 This document is an answer by Attorney Michael Collins, Attorney for the ton, to the initial complaint filed by Attorney Dickson on behalf of the Morrisettes against the town on December 23, 2022. |
| 03162023-BriefSubmittedByAttorneyDicksonForThePlaintiffs-WRN-341-22 | Docket Number: WRN-L-341-22 BRIEF submitted by DICKSON, PETER, D of POTTER & DICKSON on behalf of SANDRA S MORRISETTE, DAVID P MORRISETTE against TOWNOFPHILLIPSBURGTOWNCOUNCIL |
| 03022023-GeneralCorrespondenceFromMichaelCollins-WRN341-22.pdf | Docket Number: WRN-L-341-22 A note from the Michael Collins, the attorney representing the Town of Phillipsburg, mentioning that the plaintiffs' brief was past due. The lateness in the brief was largely related to the delay in OPRAs not being filled and/or notification that OPRAs were completed by the Town of Phillipsburg. |
| 02102023-AffidavitOfService-WRN341-22 | Docket Number WRN-L-341-22 This document is a record that the Town of Phillipsburg was served and a record of the individual that was served with the Summon and Complaint, Track Assignment Notice and Certification |
| 01052023-CaseManagementConference-WRN341-22 | Docket Number WRN-L-341-22 This document specities dates that different thngs will happen. |
| 12242022-TrackAssignmentNotice-WRN341-22 | Docket Number WRN-L-341-22 This document assigns the Honorable Judge Robert A Ballard to the case and provides some other information. |
| 12232022-InitialComplaint-WRN341-22 |
Docket Number: WRN-L-341-22 |
| 08-10-2022-FollowupLetterToOralArgumentsAttorneyDickson |
Docket Number: WRN-L-248-21 |
| 07-29-2022-CourtNoticeForOralArgumentsAug102022 | Docket Number: WRN-L-248-21 Notification of oral arguments at a pre-trial conference scheduled for August 10, 2022 |
| 07-28-2022-ClerkNotice-RescheduledFor08102022 | Docket Number: WRN-L-248-21 A notice from the Court Clerk for a date and time for oral arguments before the court. The date will be August 10, 2022 at 11 AM. This is a copy of the email sent to the attorneys. |
| 07-28-2022-AdjournmentRequestByDickson | Docket Number: WRN-L-248-21 A request from Attorney Peter Dickson to reschedule the August 3rd court date due to a conflict. |
| 07-27-2022-CourtNoticeSubmittedByCaseManagement | Docket Number: WRN-L-248-21 Notice from court of time and date for oral arguments on August 3, 2022. |
| 07-26-2022-NotificationOfOralArgumentsOnAug032022 | Docket Number: WRN-L-248-21 Court notice for oral arguments to be heard by the court on August 3, 2022. This is essentially the email sent to the attorneys notifying them of the date and time of oral arguments. |
| 07-18-2022-NotificationForCaseManagementFor07252022 | Docket Number: WRN-L-248-21 Notification for a July 25, 2022 case management conference. A meeting for the attorneys and the court. This document is basically a copy of the email that was received notifying the attorneys of the case management conference. |
| 07-12-2022-CaseManagement-ConferenceScheduledForJuly252022 | Docket Number: WRN-L-248-21 Notification for a July 25, 2022 case management conference. A meeting for the attorneys and the court. |
| 07-11-2022-ResponseFromDickson-06-48-pm | Docket Number: WRN-L-248-21 This is one of two response letters written in response to the letter from the Monech law firm. This response is written by Attorney Peter Dickson. Although there is some similarity between the two responses, I recommend reading both responses written by Attorney Peter Dickson. |
| 07-11-2022-ResponseFromDickson-2-14-pm | Docket Number: WRN-L-248-21 This is one of two response letters written in response to the letter from the Monech law firm. This response is written by Attorney Peter Dickson. Although there is some similarity between the two responses, I recommend reading both responses written by Attorney Peter Dickso |
| 07-08-2022-LetterFromMonech | Docket Number: WRN-L-248-21 This letter tries to make the argument that Michael Perrucci was not an active partner of the law firm when the vote on the warehouse was taken, so therefore there can't be a conflict of interest. In the end, I believe the letter actually supports our case. |
| 05-26-2022-BriefSubmittedByDickson_PeterForThePlaintiffs | Docket Number: WRN-L-248-21 This brief is a response by Hosbach, Morrisette and Morrisette to the brief the Town of Phillipsburg filed on 05-13-2022. |
| 05-13-2022-BriefSubmittedByTownOfPhillipsburg | Docket Number: WRN-L-248-21 This is a response from the Town of Phillipsburg in response to the brief filed by Hosbach, Morrisette and Morrisette against the Town of Phillipsburg on 04-13-2022 |
| 04-13-2022-Plaintif-Brief-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 BRIEF submitted by DICKSON, PETER, D of POTTER & DICKSON on behalf of JANICE HOSBACH, GARIS KORMANDY, BRENDA KORMANDY, SANDRA S MORRISETTE, DAVID P MORRISETTE against TOWNOFPHILLIPSBURGTOWNCOUNCIL |
| 03-16-2022-Interrogatory-Responses-Final-w-exhibits | Docket Number: WRN-L-248-21 This is a response, from the Town of Phillipsburg, to questions that were asked by the plaintiffs' attorney. This was not downloaded from the eCourts system, but since this was publicly entered into evidence, this is able to be posted with the list of court documents on this site. |
| 03-08-2022-ConsentOrder-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Consent Order - GRANTED by Judge SHANAHAN, KEVIN, M |
| 03-02-2022-Correspondence-From-Atty-Potter.pdf | Docket Number: WRN-L-248-21 GENERAL CORRESPONDENCE submitted by DICKSON, PETER, D of POTTER & DICKSON on behalf of JANICE HOSBACH, GARIS KORMANDY, BRENDA KORMANDY, SANDRA S MORRISETTE, DAVID P MORRISETTE against TOWNOFPHILLIPSBURGTOWNCOUNCIL |
| 03-02-2022-FiveDayOrder-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 A note from Attorney Monech stating that the Town of Phillipsburg shall provide responses to the interogetories by March 14, 2022. The plaintifs shall file a trial brief by March 14, 2022. The plaintiffs may limit their initial brief to issues of conflict of interest, without prejudice, and may address other issues in later proceedings. Defendents shall file a trial brief by May 13, 2022. |
| 02-23-2022-CourtNotice-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Dated February 22, 2022 - eCourts sends a notice there will be a Case Managenet Conference on February 28, 2022. |
| 02-22-2022-Clerk-Notice-Notification.pdf | Docket Number: WRN-L-248-21 eCourt sends a notice that the Case Management Conference scheduled for February 23, 2022 has been rescheduled for February 28, 2022 |
| 02-15-2022-ClerkNotice-Notification.pdf | Docket Number: WRN-L-248-21 eCourt sends a notice of a Case Management Conference for February 23, 2022 |
| 02-10-2021-CourtNotice-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Warren County Superior Court schedules a Case Magement Conference for February 23, 2022 |
| 02-01-2022-GeneralCorrespondence-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Ordinance 2021-27 was vetoed and the town went dark on returning interogetores that were due the first week of December 2021, but the town did not wish to proceed on until it passed Ordinance 2021-27. Ordinance 2021-27 did not survive a veto and the town continued not to provide a response to the interogatories. Attorney Peter Dickson correctly states that Ordinance 2021-14 is still in play. Attorney Peter Dickson requests a Case Management Conference. |
| 12-06-2021-OppositionToMotion-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Letter from my (David Morrisette) attorney Peter Dickson opposing postponing discovery. Just because they removed one conflicted member of the Council from the voting, we would like answers regarding other members of Council. The town promised to have answers to the discovery at the 11/17/2021 Case Management Conference. It is believed that there were more than one conflicted Council Member that voted on the original ordinance Ordinance 2021-14. |
| 12-06-2021-ClerkNotice-Notification.pdf | Docket Number: WRN-L-248-21 Notice sent from eCourt that there is a case management conference scheduled for 12/14/21 |
| 12-01-2021-GeneralCorrespondence-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Letter from Attorney Moench, attorney for the defendents, asking the court to hold off on the case regarding Ordinance 2021-14. The town is trying to pass a similar ordinance without the vote of Frank McVey, which they claim will moot the case against Ordinance 2021-14. With the effort to pass Ordinance 2021-17 without Frank McVey, it kind of seems that the Town of Phillipsburg believed there is a strong case that Frank McVey had conflict of interest. Ordinance 2021-27 was vetoed and there was not vote to override the veto, hence Ordinance 2021-14 remained teh ordinance in effect. |
| 11-18-2021-CourtNotice-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Case Management Conference scheduled for 12/14/21 - sent by Warren Superion Court |
| 11-08-2021-CourtNoticeByCaseManagement.pdf | Docket Number: WRN-L-248-21 Notice sent by ecourts of Case Management Conference for 11/17/21 |
| 09-16-2021-CourtNoticeByCaseManagement-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Dated 09/07/21 Court notice of Case Management Converence scheduled for 09/12/21 |
| 09-07-2021-Notification.pdf | Docket Number: WRN-L-248-21 Clerks notice of Case Management Conference scheduled for 9/13/21 |
| 08-26-2021-AnswerFromTownOfPhillipsburg-CivilCaseJacket.pdf |
Docket Number: WRN-L-248-21 Answer In Lieu Of Prerogative Writs |
| 08-03-2021-Notification.pdf | Docket Number: WRN-L-248-21 Scheduling of Case Management Conference |
| 07-29-2021-AffidavitOfService.pdf | Docket Number: WRN-L-248-21 Vicoria Leiner, Municipal Clerk, Served |
| 06-26-2021-CivilCaseJacket-TrackAssignment.pdf | Docket Number: WRN-L-248-21 Track Assignment Noticee |
| 06-25-2021-CivilCaseJacket.pdf | Docket Number: WRN-L-248-21 Complaint In Lieu Of Prerogative Writs |