The suit filed by attorney Frank Catania says:
“Without explanation of or prior notice as required by the Agreement and in the absence of any breach of the Agreement by AVBL, the then serving School Board Members voted on April 28, 2009 to terminate the agreement, effective July 31, 2009 and ordered AVBL to remove itself from the Jim Buggy Field effective July 31, 2009.”This was a dumb move by the board from the beginning. Even if the district manages to win the lawsuit, the only thing it accomplished was to offend and alienate a bunch of residents who did nothing but good for the township and further cement it's reputation for acting stupidly.
Catania further claims in the complaint that the school board refused to explain “its unilateral action” or discuss the matter and that its decision in negating the agreement “was arbitrary, capricious and upon information and belief, done for reasons that the School Board has not publicly revealed.”
“Even though there was no explanation for the School Board actions, AVBL complied with the notice to remove itself from the field … The School District physically secured Jim Buggy Field in its favor and confiscated all of the improvements made by and for AVBL, without compensation.”
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