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<\/a>Photo via Google Maps.<\/p>\nBy John Heinis\/Hudson County View<\/p>\n
The four-count lawsuit<\/a>, filed in Hudson County Superior Court one week ago, alleges that the ordinance adopted by the North Bergen Board of Commissioners on August 12th is \u201carbitrary and capricious\u201d and also violates a 1989 service agreement with the NBMUA.<\/p>\n \u201cThe Ordinance violates Guttenberg\u2019s right \u2026 to consent to the construction or acquisition of any facilities or equipment constituting a part of the \u2018Sewerage System\u2019 utilized for the provision of service to Guttenberg because the Ordinance authorizes entry into and execution of the Lease Agreement enable NBMUA to acquire the North Bergen sewer system,\u201d writes Guttenberg counsel in the matter John Stone, a partner at DeCoitiis Doyle.<\/p>\n He also contends that Guttenberg has not consented, nor were they even consulted, on the lease agreement, which could increase rates for Guttenberg residents without providing any additional benefits \u2013 all in breach of the 37-year-old agreement.<\/p>\n Through the suit, Stone writes that attorneys for Guttenberg were not given relevant documents or information related to the proposal between the township and the MUA.<\/p>\n Further, the ordinance needs to state that Guttenberg residents will not be on the hook for any costs of the NBMUA\u2019s debt service for the issue of the bonds, nor for the costs of any bonds to acquire a portion of the local sewer system from the township, the suit says.<\/p>\n Overall, the court filing alleges violation of the 1989 agreement and breach of the NBMUA\u2019s \u201cduty of good faith and fair dealing,\u201d while also seeking a declaratory judgement.<\/p>\n As a result, Guttenberg is seeking the related local legislation to be voided, and if they cannot be voided, assurances that Guttenberg residents will not have to pay for debt service, as well as compensatory and consequential damages \u2013 along with any other relief the court deems just and equitable.<\/p>\n \u201cNorth Bergen\u2019s sewer system management consolidation plan is a critical step towards making the community more affordable for residents. The plan will save North Bergen taxpayers millions of dollars in reduced maintenance costs and will have no financial or service impact on Guttenberg residents, which makes the arguments in this lawsuit completely invalid,\u201d said North Bergen spokesman Nick Bond.<\/p>\n \u201cMayor Sacco and the Board of Commissioners are committed to taking this bold step to lower costs for North Bergen taxpayers, and they are confident the case will be dismissed once Guttenberg and the court realize there is no impact on Guttenberg.\u201d<\/p>\n Guttenberg Mayor Wayne Zitt said Tuesday that this could\u2019ve been resolved in short order under different circumstances.<\/p>\n \u201cThey could\u2019ve avoided all of this by giving us some documentation in the beginning. We\u2019re a part of this system and they should\u2019ve made us aware of this. North Bergen\u2019s lack of communication led us to this lawsuit,\u201d he told HCV.<\/p>\n<\/a><\/p>\n