SETTLEMENT

in Medford Township entailing purported land clearing that led to a 2018 lawsuit filed in Superior Court (the third of three complaints – the initial one having been filed back in 2015), with Medford Township also having been named a third-party defendant in the filing because of a charge that the municipality “was responsible for the wrongdoings” by one of the parties in the matter, has recently been settled.

Medford Township Council acted on June 20 to settle the lawsuit, an action that came with no public discussion by officials.

This newspaper first learned of the suits in reading through the settlement resolution that accompanied a June 20 council meeting agenda, and then subsequently requested and eventually obtained corresponding court paperwork from Township Solicitor Timothy Prime in the days that followed the meeting.

According to the public records obtained by this newspaper, Gregg and Eileen Parker are listed as plaintiffs in the 2018 suit, while Sander and Elizabeth Friedman are named as defendants in the action. Sander and Elizabeth Friedman, however, are also listed as third party plaintiffs in the suit, while Medford Township, Water’s Edge Environmental, LLC, and Michael Lucey are designated third-party defendants in the matter. That firm and its owner had been retained by the primary plaintiffs during the dispute and then issued two reports to the Pinelands Commission, which were ultimately disputed, court records indicate.

“Parker v. Friedman v. Medford Township was essentially a neighborhood dispute over many years,” Prime told this newspaper. “The Parkers sued the Freidmans alleging that the Friedmans had improperly cleared trees within the Pinelands Commission buffer on the property, causing damage to the Parkers’ property.

“The Freidman’s then sued the township, alleging that if there is any damage from improper clearing, it was done by the township as part of the township’s … maintenance of the township’s sanitary sewer manholes, which was not true.”

In providing the court filings (after two assistants in the township clerk’s office had initially claimed to this newspaper there were no such responsive records), Prime contended, “I really don’t believe there is any significant story here.”

The suit centers around what occurred in the aftermath of a July 12, 2004, flash flood, according to the documentation.

It is described in the suit that the flooding had damaged a number of trees in the area of the Rancocas Creek in Medford, “causing their roots to give way and the trees to fall,” and that “many of the fallen trees were washed into the Rancocas Creek and then downstream, gathering at an opening of a bridge of the creek in the vicinity of the plaintiffs’ and defendants’ properties.”

It is further maintained that the trees “further damaged the bridge, causing water levels on both sides of the bridge to rise even higher, causing additional trees to fall and be washed away.”

The suit contends that is when emergency crews accessed the defendants’ property to “remove downed trees from the area near the Rancocas Creek” and that “in the process, some areas, including areas on the defendants’ property, were cleared to accommodate the heavy equipment needed to accomplish the tasks.”

Later, according to the suit, the defendants’ reportedly granted Medford an easement so that the township “could raise its stormwater collection system manholes to render them safe from 1,000 yearflooding,” and ultimately, the township returned to the defendants’ property to

“raise the elevation of its manholes” so that they “would be above the highwater mark from the flooding.”

While the defendants’ had claimed in a filing that “the easement did not authorize the removal of trees or the clearing of any area within the Pinelands setbacks or wetlands buffers” and suggested the prior clearing work was done in response to an emergency declaration to allow for heavy equipment access to remediate the tree issues, the plaintiffs’ claimed the work violated the Environmental Rights Act, and that the Pinelands Protection Act and Medford Township ordinances were not enforced.

Back in 2015, according to the documentation, the Parkers had asserted that the defendants had “unlawfully cleared and removed debris” from a 100 foot buffer behind their home and took issue with “Medford officials not taking formal action against the defendants.” However, an initial complaint was dismissed.

Ultimately, there was a purported dispute over whether debris had been removed from the buffer area and who has the right to remove debris from the buffer. The defendants ended up answering a summons brought in municipal court, according to a court filing, but that was reportedly ultimately dismissed.

The matter was then reportedly brought to the Pinelands Commission.

That is when the defendants reportedly indicated to the commission “that any tree removal and alteration of the flora and fauna in the buffers was either the result of natural forces associated with the flood or the actions of Medford Township or the first responders, removing debris from the areas near the bridge or hardening the stormwater collection system.”

But the commission reportedly took the position “that the landowner was strictly liable for the actions of third parties.”

When the matter went before the Office of Administrative Law, the commission proposed a settlement, according to the court documents. It was ultimately agreed that if a restoration plan was submitted to the commission, a Notice of Violation from the commission, issued to the defendants, would be dropped. It is reported that the defendants ultimately accepted the settlement.

The Parkers, however, purportedly challenged the settlement in a second Superior Court complaint, all while a restoration plan was reportedly submitted to the commission in August 2016, and approved shortly thereafter.

The Friedmans were reported to have completed the restoration work in 2017, and the commission purportedly certified the work on July 27, 2017.

However, shortly thereafter, the Parkers are said to have hired a consultant, Michael Lucey, of Waters Edge Environmental, LLC, who ultimately filed a report with the commission, “asserting the certification of the restoration work to the commission on July 27, 2017, was false.”

The parties went back-and-forth over its findings, and it is said in one of the court filings that Lucey again filed a report with the Pinelands Commission “asserting that the defendants had still not complied with the restoration plan.” The defendants’ filing called Lucey’s report “false.”

Ultimately, “additional work was completed on the restoration plan throughout the spring and fall of 2018,” according to the filing, “causing the Pinelands to conclude that the plan had been complied with,” and, “as it had agreed to in the settlement with the defendants, the Notice of Violation had been resolved” from the Pinelands Commission’s standpoint.

Apparently, the Parkers disagreed with the position of the plan having been completed, and filed the third Superior Court complaint, on Nov. 30, 2018. The defendants

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Oliver was the first black woman to serve as speaker of the state General Assembly, and just the second black woman in the nation’s history to lead a house of a state legislature.

She was also the second-ever lieutenant governor of New Jersey, serving in the post since 2018 when her running mate, Democratic Governor Phil Murphy, was elected. Her election to the post meant that she was the first black woman to hold statewide elected office.

“It has taken, from our Independence in 1776, until this moment, for New Jersey to have a woman of color, serving in statewide elected office,” she said during a victory speech, while becoming emotional.

Oliver, born in Newark back in 1952, and who became a longtime resident of East Orange, where she has since resided for more than 40 years, was known to be very proud of her African American heritage.

“At the end of the day, I know I represent, as Langston Hughes wrote in a poem, ‘I do represent the hopes and the dreams of the slaves,” Oliver had declared. “And so, when older black adults, who may have lived through Jim Crow or segregation or never got the opportunity to get the education they wanted – when they see me, it is sort of fulfilling for them. Like yes, it is me, but they feel like they are a piece of me. And I find that extremely, emotionally humbling.”

U.S. Senator Cory Booker (D-NJ), in calling Oliver “a trailblazer and dedicated public servant” and pointing out that she “made history as the first Black woman to serve as Assembly speaker and the first to win a statewide election in New Jersey,” declared, it is “because of her, young women all across our state know it is possible to reach new heights while also serving others.”

“My heart is heavy, and my condolences and prayers are with Lt. Governor Oliver’s family, friends, and the people of New Jersey as we grieve this immeasurable loss,” the senator from New Jersey added.

After having served as both a member of the East Orange Board of Education and the Essex County Board of Chosen Freeholders (now County Commissioners), Oliver, in 2003, was elected to serve the 34th Legislative District in the New Jersey General Assembly. Then, in 2010, she was chosen as speaker of the Assembly.

At that time, according to her official state biography, Oliver became just the second African American woman in the nation’s history to lead a state legislative house.

In 2018, upon taking the oath of office for lieutenant governor, Oliver also began simultaneously serving as commissioner of the state Department of Community Affairs (DCA). It was there, according to the governor’s office, where she led efforts to “strengthen and expand initiatives for fair and affordable housing, community revitalization, homelessness prevention, and local government services that support New Jersey’s 564 municipalities.”

Oliver was re-elected alongside Murphy to a second term as the state’s lieutenant governor in 2021.

“Lt. Governor Oliver’s legacy of service and devotion to the people of New Jersey will never be forgotten,” Booker said. “She spent 27 years in public office, where she fought tirelessly for social justice, affordable housing, and economic opportunity for New Jerseyans, and especially for communities too often left out and left without a voice. I was fortunate enough to have benefited from Sheila’s leadership and advocacy throughout my career as mayor of Newark, where she was born and raised, and again as U.S. Senator. I will miss her and her inspiring leadership and yet her legacy will live on for countless generations to come.”

Oliver’s last known public appearance in the Pine Barrens Tribune’s coverage area was back in February when she joined with Murphy in a visit to the Marlton headquarters of Lightup Your World to introduce a leadremediation and abatement program.

“Mayor Jackie Veasy and the members of Evesham Township Council offer their sincerest condolences to the family, friends and colleagues of Lt. Governor Sheila Oliver,” Evesham Township wrote in a statement.

“Her passing marks the loss of a true advocate for the citizens of New Jersey and a pioneer who continued to break new ground throughout her long and storied career in public service. Lt. Governor Oliver was the first African American woman to hold statewide office in New Jersey, and she has created a legacy for many to follow. Mayor Veasy and council ask that all residents join them in keeping Lt. Governor Oliver’s loved ones in your thoughts and prayers at this time.”

Oliver’s visit to Evesham was one of the rare occasions where the state’s two top Democratic leaders were joined by members of the local 8th District Republican delegation.

“We are profoundly sad to hear of the passing of Lt. Governor Sheila Oliver,” the delegation wrote in a statement. “The lieutenant governor blazed a trail in Trenton for women and minorities through her tireless work ethic. Days like this, it is very important to put partisan politics aside and respect the life of a fighter for the people of New Jersey.”

Prior to that Evesham visit, Murphy and Oliver joined with Third Congressional District Rep. Andy Kim in April 2022, visiting Moorestown to announce a $335 million Affordable Housing Protection Fund.

“We are devastated by the loss of Lt. Gov. Sheila Oliver and hold her family close in our hearts,” the congressman said in a statement. “We were so lucky to have her as a voice and tireless leader for our New Jersey communities. She will forever be remembered for her inspiring service for New Jersey.”

Murphy was expected to arrive back in the state on Aug. 3, cutting short a vacation in Italy. The governor’s office advised the press that Murphy would be visiting with the Oliver family, privately, on Thursday after signing an order to lower flags across the state at half-staff in her honor.

“When I selected her to be my running mate in 2017, Lt. Governor Oliver was already a trailblazer in every sense of the word,” said Murphy in a statement announcing her death. “She had already made history as the first black woman to serve as speaker of the General Assembly, and just the second black woman in the nation’s history to lead a house of a state legislature. I knew then that her decades of public service made her the ideal partner for me to lead the State of New Jersey. It was the best decision I ever made.

“In the five and a half years that we served together in office, in addition to her responsibilities as lieutenant governor, Sheila led the Department of Community

Affairs, handling some of the most challenging issues facing our state, including the revitalization of our cities, affordable housing obligations, and homelessness prevention. As someone who was born and raised in Newark, and who has called East Orange home for more than 40 years, Sheila did not view these issues in the abstract because she lived with them every day of her life. She brought a unique and invaluable perspective to our public policy discourse and served as an inspiration to millions of women and girls everywhere, especially young women of color.

“Beyond all of that, she was an incredibly genuine and kind person whose friendship and partnership will be irreplaceable. We ask that you all keep the Oliver family and all those who knew and loved her in your thoughts and prayers during this difficult time.”

Oliver ended the 2020 Black History Month video by declaring, “I am, without question, a New Jersey girl.”