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AFFIDAVIT OF JOHN B.KEARNEY IN RESPONSE TO MR. BRENNAN'S AFFIDAVIT RECEIVED JAN. 16, 2012

 

Case 1:10-cv-00988-RBK-KMW Document 62 Filed 01/16/12 Page 1 of 2 PageID: 1216

IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY COUNTY

MAG REALTY, LLC and, MAG ENTERTAINMENT, LLC d/b/a CHEERLEADERS TOO

Plaintiff,

v.

CITY OF GLOUCESTER CITY, GLOUCESTER CITY PLANNING/ ZONING BOARD, JOSEPH STECKLAIR in his capacity as Chief Housing Inspector and Zoning Official,

Defendants.

STATE OF NEW JERSEY }

ss. COUNTY OF CAMDEN }

Civil Action

Civil Action No.: 10-cv-00988 (RBK) Hon. Robert B. Kugler

AFFIDAVIT OF
JOHN B.KEARNEY IN RESPONSE TO MR. BRENNAN'S AFFIDAVIT RECEIVED JAN. 16, 2012

page1image8560

1. I, John B. Kearney, of full age, being duly sworn according to law, upon my oath depose and say:

2. I am providing this Affidavit in response to Mr. Brennan’s Affidavit received January 16, 2012.

3. I have had in the course of the Summer and Fall several phone conversations with Mr. Barron concerning the status of implementation of the Settlement Agreement. Those discussions included my discovery that the abatement method suggested by plaintiff’s counsel would not work followed by discussion as to what would work and arriving at the solution of a rehabilitation designation.

4. The City then undertook the steps to accomplish that. I am certain that I did not talk with Mr. Barron as to each step but I am certain that he understood what it was the City was doing and that it would take some time.

5. As to the parties mutual mistake as to the ability to enter into an abatement it was based upon the fact that both counsel thought this could be done under the UEZ designation. If that were not the case then why would the agreement, drafted by plaintiff’s counsel, have been entered into.

Case 1:10-cv-00988-RBK-KMW Document 62 Filed 01/16/12 Page 2 of 2 PageID: 1217

6. It is absolutely incredible that Mr. Brennan researched the issue, concluded that the abatement as contemplated under the UEZ designation would not work but none the less drafted an agreement because I told him to do so. Had Mr. Brennan raised the issue at that point a solution would have been searched for. Had Mr. Brennan been doing his job he certainly should not have drafted a settlement agreement with an illegal provision.

7. The fact of the matter is that the City has taken the necessary steps to put the abatement into place. At this point it is not true that “MAG does not obtain the full benefit of the tgax abatements...” as stated in Section 10 of the settlement agreement.

8. Mr. Brennan’s acknowledgement that he prepared documents with provisions he knew to be contrary to the law is alarming. I certainly do not have any such power to compel him to do anything and had Mr. Brennan mentioned this to me we would still have available the route we are presently on.

9. Of course, it could be that Mr. Brennan purposely included a provision that he knew to be improper with an aim towards scuttling the City’s appeal.

10. The absolute bottom line here is that the abatement ordinance can be in place by March with a retroactive effective date to August 1, 2010 and a resolution cancelling the arrears since that date. The parties end up in the same position as was contemplated by the settlement agreement.

FURTHER AFFIANT SAYETH NAUGHT

I, John B. Kearney, hereby declare under penalty of perjury under the laws of the United States and pursuant to 28 U.S.C. ss 1746, that the foregoing statements are true to the best of my knowledge and belief, in witness whereof, I have signed this Affidavit below on this 16th day of January, 2012, in Haddon Heights, Camden County, New Jersey.

By: /s/ John B. Kearney (7175) John B. Kearney, Esquire

Kearney & Associates, P.C.
210 White Horse Pike. PO Box 279 Haddon Heights, NJ 08035

 

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