A significant issue for many municipalities is the assumption of liability for the maintenance, including plowing and sanding, of private roads. One of our municipal clients was recently sued by a resident residing on such a private road, who sought to compel the Township to use public funds to maintain his private road. The impact of the ruling in this case goes well beyond this one matter, and sets a standard for similar situations that are likely to arise in the future.

Our associate, Tim Profeta, had the task of responding to both the complaint filed by this resident, as well as a motion for emergent relief. Tim prepared the opposition to the motion and a motion to dismiss which was filed on behalf of our municipal client. Oral argument was conducted before Judge Minkowitz. Quoting from much of Tim’s brief, the Judge denied the resident’s motion for emergent relief and went on to grant Tim’s motion to dismiss the entire complaint. In his briefing, Tim argued complex law to overcome difficult facts. As is tradition at Laddey, Clark & Ryan, Tim obtained swift and definitive relief for our client.