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State of New Jersey v. Edward Coffey

April 28, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
EDWARD COFFEY, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Municipal Appeal No. 10-019.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 1, 2011

Before Judges Graves and Messano.

Following a trial de novo in the Law Division, defendant Edward Coffey was convicted of five municipal ordinance violations, specifically, "Illegal Grading and Clearing," Middletown Township, N.J., Ordinance 16-609A (July 18, 2005); "Illegal Outdoor Storage of Materials," Middletown Township, N.J., Ordinance 16-518 (June 13, 1994); "No Site Plan for [A]ctivities," Middletown Township, N.J., Ordinance 16-401(C)(4) (June 13, 1994); "No Fence Permit," Middletown Township, N.J., Ordinance 16-616(A)(1) (Mar. 15, 2010); and "No Development Permit -- Addition of Dirt," Middletown Township, N.J., Ordinance 16-304(A)(1)(k) (June 13, 1994).*fn1 Defendant was fined $3500 and assessed court costs.

Defendant raises the following points on appeal:

1. ILLEGAL GRADING AND CLEARING:

a) APPELLANT DID NOT GRADE PROPERTY AND CLEARED ONLY A FRACTION OF THE ALLOWABLE AMOUNT OF 3,000 SQUARE FEET;

b) PLAINTIFF'S REPRESENTATIVE RELIED ONLY UPON AERIAL PHOTOS;

c) PLAINTIFF'S REPRESENTATIVE HAD SPECIFICALLY REQUESTED APPELLANT TO CLEAR PROPERTY ADJACENT TO BUT NOT PART OF APPELLANT'S PROPERTY.

2. ILLEGAL OUTDOOR STORAGE OF MATERIALS:

a) TOWNSHIP ORIGINALLY ISSUED C OF O WITH FULL AWARENESS THAT DEFENDANT INTENDED TO STORE CONTAINERS ON PROPERTY; C OF O . . . EXPLICITLY STATES "CONSTRUCTION EQUIPMENT, TRUCKS & CONTAINERS."

b) AS PER DEFINITIONS FROM BUSINESS DICTIONARY . . . CONTAINERS ARE NOT "MATERIALS" AS SUCH, BUT SHOULD RATHER BE DEEMED ...


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