MONTCLAIR, N.J. – The Montclair Board of Education faced a setback in court on Friday in its lawsuit against the Township of Montclair over renovations at Woodman Field. Honorable Judge Stephen Petrillo expressed skepticism about allowing either party to proceed. He stated, “I don’t know if it makes sense to let either one of the parties go forward. I’m not going to allow the Board of Education to proceed at this point.”
The hearing revolved around an order to show cause filed by the Board of Education. The order requested that the township cease enforcing restraints, stop work orders, fines, and notice of violations. During the hour-long oral arguments, Judge Petrillo commented on the irony of the case, calling it “Montclair vs. Montclair.” He compared it to “two siblings fighting where neither of them gets anything, but the lawyers get paid.” Petrillo is also presiding over Montclair’s CFO whistleblower case.
Superintendent Jonathan Ponds of Montclair Schools released a statement expressing disappointment with the ruling. He stated, “Our goal is to complete the field, and we will continue to push forth. I will be steadfast and diligent to get this resolved.” Ponds indicated that a conference with the judge is scheduled for March 19th.
The lawsuit was filed in December 2023 after the township issued a stop work order on the baseball field in November. The township informed the Board of Education that changes to the field’s location would require an application to the Zoning Board for review. Baseball athletes have responded to the most recent stop work order in February by launching an online petition and attending council meetings to request that the order be rescinded.
Representing the Township of Montclair and its zoning officer was Michael Sabony of Antonelli Kantor Rivera. On the other side, Ted Del Guercio of McManimon Scotland Baumann represented the Montclair Board of Education. Mark Clemente of Clemente Mueller, P.A., representing Champlain Essex Conservancy, a group of neighbors near the field, has filed a motion to intervene in the case.
During the hearing, Sabony revealed that the township had received the field renovation plans in June 2022 but did not disclose the full details of the project at that time. It was not until October 2023 that the township realized the extent of the project and informed the Board of Education about the need for zoning approvals. Construction began after the Board of Education disregarded a notice from the township.
Judge Petrillo expressed concern about the lack of clarity regarding the rights and obligations of both parties. He emphasized that all sides must carefully develop and understand these before proceeding further. The court has issued a stay order for all involved parties and scheduled a case management conference for March 19. The hope is that the differences can be resolved outside of trial, but if not, a plenary hearing may occur in the next few months.