Case: Riverside Coalition of Business Persons and Landlords v. Township of Riverside, New Jersey

06-02965 | New Jersey state trial court

Filed Date: Oct. 18, 2006

Closed Date: Feb. 23, 2007

Clearinghouse coding complete

Case Summary

This was the second lawsuit brought against the Township of Riverside, New Jersey, challenging the Town of Riverside Ordinance 2006-16 ("Illegal Immigration Relief Act"), which attempted to ban immigrants from renting, residing, using property, or being employed in Riverside Township. The other case, Assembly of God Church Riverside v. Township of Riverside, New Jersey, Case No.1:06-cv-03842-RMB-AMD, was pending in the U.S. District Court for New Jersey. [IM-NJ-2].The complaint in this case …

This was the second lawsuit brought against the Township of Riverside, New Jersey, challenging the Town of Riverside Ordinance 2006-16 ("Illegal Immigration Relief Act"), which attempted to ban immigrants from renting, residing, using property, or being employed in Riverside Township. The other case, Assembly of God Church Riverside v. Township of Riverside, New Jersey, Case No.1:06-cv-03842-RMB-AMD, was pending in the U.S. District Court for New Jersey. [IM-NJ-2].

The complaint in this case was filed on October 18, 2006 in the Superior Court of New Jersey for Burlington County by attorneys with the ACLU of New Jersey Foundation, the ACLU Foundation Immigrants' Rights Project, the People for the American Way Foundation and the Puerto Rican Legal Defense and Education Fund. Plaintiffs alleged violations of the New Jersey Constitution and sought declaratory and injunctive relief to enjoin enforcement of the Ordinance. The case was assigned to Judge John Sweeney.

Riverside initially agreed to suspend enforcement of the ordinance while the case was pending and on October 25, 2006, Judge Sweeney entered a Consent Order which provided that the Ordinance or any amendments thereto would not be enforced without Riverside first giving plaintiffs' counsel at least 24 days written notice. On the same day the Consent Order was entered, Riverside Township Council introduced a revised version of the Ordinance at its council meeting.

On November 18, 2006, Riverside removed the lawsuit to federal court on the basis that it raised a question of federal law. On November 22, 2006, the Township enacted the Revised Ordinance (2006-26) which was patterned on a similar ordinance enacted in Hazleton, Pennsylvania. (The Hazleton Ordinance was the subject of federal court litigation - see Lozano v. City of Hazleton, IM-PA-1).

The federal court (Judge Renee Bumb) found no basis for removal and remanded the case back to state court on February 23, 2007. Following removal, plaintiffs filed an amended complaint, seeking injunctive relief to bar enforcement of the Revised Ordinance.

Citing escalating legal costs and an adverse ruling in the Lozano v. City of Hazleton case, the Township introduced a measure in August 2007 to repeal the Revised Ordinance. On September 17, 2007, the Township Council repealed the Revised Ordinance by a 3 to 1 vote. Given the repeal, plaintiffs reported that they would dismiss the case.

Summary Authors

Dan Dalton (11/8/2007)

Related Cases

Assembly of God Church Riverside v. Township of Riverside, New Jersey, District of New Jersey (2006)

People


Judge(s)

Bumb, Renee Marie (New Jersey)

Schneider, Joel (New Jersey)

Sweeney, John A. (New Jersey)

Attorneys(s) for Plaintiff

Albano, Michael (New Jersey)

Alvarez, Denise (New York)

Barocas, Edward (New Jersey)

Chang, Jennifer (California)

Chin, Jackson (New York)

Gelernt, Lee (New York)

Guttentag, Lucas (New York)

Judge(s)

Bumb, Renee Marie (New Jersey)

Schneider, Joel (New Jersey)

Sweeney, John A. (New Jersey)

Attorneys(s) for Plaintiff

Albano, Michael (New Jersey)

Alvarez, Denise (New York)

Barocas, Edward (New Jersey)

Chang, Jennifer (California)

Chin, Jackson (New York)

Gelernt, Lee (New York)

Guttentag, Lucas (New York)

Jadwat, Omar C. (New York)

Katz, James (New Jersey)

Llambelis, Lillian (New York)

Maer, Foster (New York)

Minceberg, Elliot (District of Columbia)

Mitchell, Reginald J. (Florida)

Viola, Andrew (New Jersey)

Attorneys(s) for Defendant

Heinhold, Douglas L. (New Jersey)

Saponaro, George R. (New Jersey)

Other Attorney(s)

Steinhagen, Renee (New Jersey)

Documents in the Clearinghouse

Document

1:06-cv-05521

Docket (PACER)

Riverside Coalition of Business Persons and Landlords v. Township of Riverside, New Jersey

U.S. District Court for the District of New Jersey

May 11, 2007

May 11, 2007

Docket

Ordinance 2006-26, An Ordinance Amending, Chapter 166, Refered to as the "Illegal Immigration Relief Act", Riverside Township, NJ

Riverside Coalition of Business Persons and Landlords v. Township of Riverside

No Court

Jan. 1, 2006

Jan. 1, 2006

Statute/Ordinance/Regulation

Ordinance 2006-19, Amended Ordinance 2006-16, Referred to as"Illegal Immigration Relief Act Ordinance", Riverside Township, NJ

Riverside Coalition of Business Persons and Landlords v. Township of Riverside

No Court

Jan. 1, 2006

Jan. 1, 2006

Statute/Ordinance/Regulation

1:06-cv-05521

Brief in Support of Order to Show Cause and Application For Preliminary Injunctive Relief to Enjoin the Riverside Township Immigration Relief Act

Riverside Coalition of Business Persons and Landlords v. Township of Riverside

Oct. 16, 2006

Oct. 16, 2006

Pleading / Motion / Brief

1:06-cv-05521

Verified Complaint

Riverside Coalition of Business Persons and Landlords v. Township of Riverside

Oct. 18, 2006

Oct. 18, 2006

Complaint

1:06-cv-05521

Memorandum in Support of Township of Riverside Plaintiffs' Application For One of the Plaintiffs to Proceed Anonymously

Riverside Coalition of Business Persons and Landlords v. Township of Riverside

Oct. 18, 2006

Oct. 18, 2006

Pleading / Motion / Brief

Riverside Township Ordinance 2006-26, An Ordinance Amending Chapter 166, Referred to as the Illegal Immigration Relief Act

Riverside Coalition of Business Persons and Landlords v. Township of Riverside

No Court

Nov. 22, 2006

Nov. 22, 2006

Statute/Ordinance/Regulation

Ordinance 2006-16, Illegal Immigration Relief Act of the Township of Riverside, NJ

Riverside Coalition of Business Persons and Landlords v. Township of Riverside

No Court

Jan. 17, 2007

Jan. 17, 2007

Statute/Ordinance/Regulation

1:06-cv-05521

Court Transcript and Oral Order re. Removal

Riverside Coalition of Business Persons and Landlords v. Township of Riverside

U.S. District Court for the District of New Jersey

Feb. 23, 2007

Feb. 23, 2007

Transcript
9

1:06-cv-05521

Order

Riverside Coalition of Business Persons and Landlords v. Township of Riverside, New Jersey

U.S. District Court for the District of New Jersey

Feb. 23, 2007

Feb. 23, 2007

Order/Opinion

Resources

Docket

Last updated Aug. 1, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by TOWNSHIP OF RIVERSIDE from BURLINGTON COUNTY SUPERIOR COURT with the following state court proceedings annexed: a)complaint, order to show cause, etc., case number BUR L 2695 06. ( Filing fee $ 350 receipt number 1233481) (Attachments: # 1 Exhibit A Part 1# 2 Exhibit A Part 2# 3 Exhibit B# 4 Exhibit C Part 1# 5 Exhibit C Part 2# 6 Exhibit D Part 1# 7 Exhibit D Part 2# 8 Certification of Service# 9 Letter# 10 Notice of Filing)(TH, ) (Entered: 11/20/2006)

Nov. 17, 2006

Nov. 17, 2006

2

ORDER Initial Conference set for 1/3/2007 2:00 PM before Magistrate Judge Joel Schneider.. Signed by Judge Joel Schneider on 11/20/2006. (TH, ) (Entered: 11/20/2006)

Nov. 20, 2006

Nov. 20, 2006

3

MOTION to Remand by RIVERSIDE COALITION OF BUSINESS PERSONS AND LANDLORDS, RUTH MARINO, JOHN DOE 1. (Attachments: # 1 Brief in Support of Motion to Remand and for an Award of Attorneys' Fees# 2 Text of Proposed Order # 3 Certification with Exhibits A-C)(KATZ, JAMES) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

Setting Deadlines as to 3 MOTION to Remand. Motion returnable for 1/5/2007 before Judge Renee Marie Bumb. (PLEASE BE ADVISED THE MOTION WILL BE HEARD ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (gn ) (Entered: 12/05/2006)

Dec. 4, 2006

Dec. 4, 2006

4

ORDERED that the initial conference scheduled for January 3, 2007 is postponed. Signed by Judge Joel Schneider on 12/8/06. (sb) (Entered: 12/11/2006)

Dec. 8, 2006

Dec. 8, 2006

5

BRIEF in Opposition re 3 MOTION to Remand filed by TOWNSHIP OF RIVERSIDE. (Attachments: # 1 Certification # 2 Text of Proposed Order) (HEINOLD, DOUGLAS) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

6

RESPONSE in Support re 3 MOTION to Remand filed by RIVERSIDE COALITION OF BUSINESS PERSONS AND LANDLORDS, RUTH MARINO, JOHN DOE 1. (KATZ, JAMES) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

7

Substitution of Attorney - Attorney DOUGLAS L. HEINOLD and DOUGLAS L. HEINOLD for TOWNSHIP OF RIVERSIDE added. Attorney DOUGLAS L. HEINOLD terminated.. (HEINOLD, DOUGLAS) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

8

Minute Entry for proceedings held before Judge Renee Marie Bumb : Motion Hearing held on 2/23/2007. Hearing on plaintiffs' 3 MOTION to Remand and for an award for attorneys' fees. Ordered motion granted in part and denied in part. Order to be entered. (Court Reporter Ted Formaroli.) (ar1, ) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

9

ORDER GRANTED 3 Motion to Remand to the Superior Court of New Jersey, Burlington County ; Plaintiffs' motion for attorneys' fees and costs is DENIED . Signed by Judge Renee Marie Bumb on 2/23/07. (gn) (Entered: 02/26/2007)

Feb. 23, 2007

Feb. 23, 2007

***Civil Case Terminated. (gn ) (Entered: 02/26/2007)

Feb. 23, 2007

Feb. 23, 2007

10

Clerk's Remand Letter to Superior Court re 9 Order on Motion to Remand. (gn ) (Entered: 02/26/2007)

Feb. 26, 2007

Feb. 26, 2007

11

TRANSCRIPT of Proceedings held on 2/23/07 before Judge Renee Marie Bumb. Court Reporter: Theodore M. Formaroli, CSR,CRR. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (gn, ) (Entered: 05/16/2007)

May 11, 2007

May 11, 2007

Case Details

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 18, 2006

Closing Date: Feb. 23, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Riverside Coalition of Business Persons and Landlords

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Township of Riverside (Riverside), City

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation