THE REAL COST OF THE POST OFFICE LEGAL DEFENSE

While the controversial Maplewood Village Post Office redevelopment plan is moving forward with approvals in place from the Planning Board and the Township Committee, and pre-demolition already underway for some elements of the building, the cost to the township for legal defense has remained unclear.

Last summer as opponents of the three-story, 20-apartment unit, five-retail shop project took legal action and filed complaints against the proposal, the TC approved funds for special counsel to be brought in to help defend against the Village Keepers Inc., which objected to how the process was handled.

The group claimed the Maplewood Village Alliance had not acted properly in its review of the project and its subsequent approvals. The legal challenges were eventually dropped, but several on the Township Committee, Mayor Deluca among them, claimed the legal cost to the township ran upwards of $40,000.

The MVA even cited that amount in its agenda for discussion at one meeting last fall. (See below)

Maplewood Village Alliance

Board of Directors Meeting

November 18, 2015 7:30 pm

Town Hall  

AGENDA....

1. Post Office Development

                                                    i.     PO Sale Final

                                                   ii.     PO - next Planning Board Meeting – 12/8

                                                 iii.     PO Demolition – timing

                                                 iv.     Final cost of Village Keepers lawsuit is $40,000+

2. Underpass to Baker Street parking lot – safety concerns | railing

But a review of legal bills paid for the defense to at least three law firms add up to just under $20,000. We filed several public information requests with the Township asking for all such legal bills related to the Township defense. Those provided were for work done by Township Attorney Roger Desiderio, Planning Board Attorney Michael Edelson and Attorney Jonathan Drill, who was hired to defend much of the MVA actions.

The breakdown of their legal bills are:

Desiderio: $5,083
Edelson: $6,177
Drill: $8,610

You can see them HERE.

In addition, other documents related to the project reveal that Developer Joseph Forgione and JMF Properties actually covered at least $11,600 of the legal defense and provided $25,000 in escrow for such costs.

Along with clarifying the actual legal costs involved, the bills also offer a window into what these attorneys do. How even a phone call to a Township official can cost money at a rate that can run up to $140 per hour. 

And when one of the lawyers, such as Mr. Desiderio, calls another, such as Mr Edelson, the township pays for both of them at the same time.

Asked why there was such a discrepancy between the $40,000 cost that was often cited and the real payments, Mayor Vic Deluca said via email:

The post office development is moving forward. There is no reason to keep rehashing old arguments. I would rather us put our energy into making sure the project is successful. 

We asked Village Keepers President Dirk Olin what his group's legal costs were. He provided records indicating just over $16,000.

He also stated: 

I can only reluctantly conclude that this misrepresentation was made for political purposes—to demean what was clearly strong and widespread opposition to a totally inappropriate and fiscally irresponsible structure. What was a lack of transparency now looks more like deceit.