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Contact: John Nalbone
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Hamilton, Robbinsville Sewer Lawsuit Dismissed Without Prejudice
ROBBINSVILLE, NJ – (February 25, 2020) – The lawsuit filed by Hamilton Township under the administration of former mayor Kelly Yaede against Robbinsville regarding past sewer charges was been dismissed by the NJ Superior Court without prejudice February 20.
The suit, filed August 20, 2019, could be reinstated if the two townships cannot come to an agreement, but that is not likely. Robbinsville had filed a formal denial of the allegations in the lawsuit, and the two sides were set for mediation at the time the suit was dismissed, per a Trentonian report Monday.
"We will be doing the rate study and letting the professionals come up with a fair and equitable solution," Mayor Fried said Monday. "It's easy to work with your neighbors when they do what they say they will."
Soundly defeated by Jeff Martin in November, Yaede had rejected calls for an independent sewer rate study after initially saying she supported the action. That rate study will now go forward.
Hamilton filed suit in New Jersey Superior Court August 26, 2019, claiming Robbinsville owed its sewer utility $2.8 million, this despite never producing an official invoice to back that purported debt.
Yaede falsely claimed in an interview with the Hamilton Post Aug. 22 that Robbinsville’s usage of the sewer system has increased, from 15.9 percent in 2016 to 19 percent in 2019, but yet again provided no proof of increased flow, and never presented Hamilton Township Council with any documentation or proof that Robbinsville owed anything.
Hamilton operates a regional wastewater treatment facility serving residents of both Hamilton and Robbinsville. The sewage is ultimately treated at Hamilton’s Water Pollution Control plant before being discharged into Crosswicks Creek. Hamilton and Robbinsville have had a joint sewer agreement since 1976. Hamilton originally agreed to the rate study, which Robbinsville has repeatedly offered to pay half the cost of.
“The rate study would reveal with real data what is fair and reasonable for both towns,” Mayor Fried added. “We want to be a good neighbor and pay our fair share.”