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Manalapan Committeewoman Roth Facing Second Defamation Lawsuit

Appraiser James Stuart of Colts Neck is taking legal action over public comments Roth made about him

 

Manalapan Township has not yet concluded its defense of Committewoman Michelle Roth in one defamation lawsuit, and now she has been named in another complaint filed Sept. 6.

James Stuart, a former mayor of Colts Neck, a certified appraiser and a member of the Monmouth County Agriculture Development Board, has filed a civil complaint against Roth in the Monmouth County Superior Court. This information was brought to light during the Sept. 14 Township Committee meeting.

Stuart's complaint comes in response to comments Roth made against him and his role in Manalapan Mayor Andrew Lucas' farmland acquistion. The complaint states that Roth made false statements about Stuart's role during May 11 and June 15  Manalapan Township Committee meetings and did so "with reckless disregard for the truth."

Roth had publicly criticized Stuart's role as a sitting member of the MCADB, suggesting that he exhibited a conflict of interest by helping Lucas fast-track the property. She called it "flipping" the land into the farmland preservation program within nine days. She has suggested that Lucas saw a financial gain from the transaction.

According to the complaint, Stuart completed the appraisal in October 2010, and the property was valued at $844,800.

"There is absolutely no bar on James Stuart, a member of the Monmouth County Agriculture Development Board, performing appraisals on land that the Board will later review and Michelle Roth had full knowledge of same," the complaint states.

The document is separated into four counts of defamation which also name damages to Stuart Appraisal Company. It states that "Stuart's personal reputation has been forever damaged" by Roth's remarks.

Stuart is demanding judgement for defamation, issuance of an injunction restraining Roth from further defamation, cost of suit, damages, punitive damages, "and such further relief as the Court deems just and proper."

Stuart is being represented by attorney Chip Dunne III of Dunne & Associates law firm in Kearny, N.J. According to Township Attorney Roger McLaughlin, the township's insurance provide, if it defends the case, will choose an attorney to represent Roth.

Stuart did not respond to a phone call or e-mail sent Thursday. Roth also chose not to comment, and deferred questions to McLaughlin.

Previously, Lucas defended Stuart during the June 1 meeting of the MCADB, calling him a "consummate professional of the highest integrity"  and was sorry that Stuart had come under political fire.

Stuart spoke with Patch immediately after that meeting. He called Roth's comments "politically immature" and said he planned to address her accusations at a later date.

"It is sad but not unexpected that Mrs. Roth will be costing the taxpayers tens of thousands of dollars again for her outrageous defamatory comments that were inappropriate and not pertaining to current township business," wrote Lucas in an e-mail to Patch. "Mrs. Roth has cost the taxpayers of Manalapan over $150,000 in the past five years, and it is time to put an end to it."

Roth had also criticized her former running mate, Committeeman Don Holland who is now a Republican. Roth alleges that he also helped Lucas fast-track the application.

"The residents of Manalapan will probably be paying another $10,000 for Mrs. Roth's political agenda. We have already had to pay the $10,000 fee for a similar case against her by Chief Brown," wrote Holland in an e-mail. 

Holland is referring to Brown v. Roth, a defamation lawsuit that stems from remarks Roth made about former Police Chief Stuart Brown during a televised meeting in September 2009. The suit is ongoing and the township is paying for Roth's legal defense.

The township was also sued by Brown in an age discrimination complaint filed Aug. 2009. That suit was settled in March of this year in the amount of $15,000 to be paid by the Garden State Joint Insurance Fund.

"I have stated for months that there were no illegal or unethical conflicts in Mayor Lucas's application, but she chose to try for political advantage by attacking everyone involved in our Farmland Preservation Program," continued Holland. "Maybe she will learn that though justice is blind, it is not stupid. She states, repeatedly, about being transparent; well she certainly is."

Roth has gained political allies in Freeholder Amy Mallet who engaged in a debate with Freeholder Lillian Burry about Stuart's role and his objectivity in completing appraisals in the county. Former Manalapan Mayor George Spodak has also come to her defense at several public meetings.

At Wednesday's meeting, McLaughlin said that the Township's insurance carrier will have to review the claim but that no township funds will be expended until the Committee has learned all the details.

Patch_comments_icon

Samantha Negraval

1:24 pm on Monday, September 19, 2011

The following edit was made to this story: Township Attorney Roger McLaughlin has clarified that he does not anticipate defending Committeewoman Roth in this case. The township's insurance provider, if it defends the case, will choose an attorney to represent her. Patch regrets the error.

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Joel Bohm

2:39 pm on Thursday, September 22, 2011

The past number of years has exhibited more rancor and petty infighting among and between our elected officials than I have ever seen and I've lived in this community for over 40 years. But this second defamation law suit and the way it came to light is the straw that breaks the camels back! I have very little respect for any elected official who puts his/her desire for re-election ahead of the good of his/her constituency. In the first place, I was under the impression that priviledge attached to comments made during the official conduct of municipal business (why would anyone serve without that protection?) and that in addition, without proof of actual malice toward a public official, a defamation suit was not maintainable. In addition, I must say that I was startled that a township resident was made privy to a copy of the complaint within hours of the time Committeewoman Roth was served - - and just in time for the subject to be brought up at that night's Township Committee meeting! When are these people going to grow up and at least try to act like responsible adults?

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Rich Marchinko

6:21 pm on Sunday, October 2, 2011

Maybe Roth should learn to keep her mouth shut unless she has something responsible to say.

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