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Mall lawsuit begins: Decision to be made October 11By LESLIE TRULUCK
Cape May Star and Wave
ATLANTIC CITY Superior Court Judge ValerieArmstrong heard oral argu-ments in the lawsuit betweenthe Concerned Taxpayers ofCape May and the City ofCape May over the revitaliza-tion of the Washington StreetMall Sept. 26.
Judge Armstrong will ruleOct. 11 if the case will be dis-missed as requested by thecity or if the taxpayers groupwill be granted the opportuni-ty for discovery.
Discovery could lead toarguments over the definitionof a sidewalk, dispute overthe publicity of meetings andthe public purpose of themall.
In reference to the meet-ings, plaintiff attorney
Gregory Saputelli mentionedan affidavit by a mall revital-ization sub-committee mem-ber who claims meetingswere being held in private.
As for defining a sidewalk,the citys current definitionreads from the property tothe curb line for the use ofpedestrians.
Because the pedestrian mallis essentially all sidewalkwith no curb there is confu-sion over where one propertyends and another begins.
The taxpayers groupbelieves the city is violatingits own ordinance thatrequires abutting propertyowners to repair their ownsidewalks.
The group claims businessowners on the mall shouldpay for some of the mall revi-talization project becausethey benefit from increased
property value. The 1997 ordinance states
that the abutting propertyowners maintain sidewalksunless they are wholly fundedby governmental agenciesother than the city so theywill not become the responsi-bility of taxpayers as generalmunicipal improvements.
The city later amended theordinance so the municipalityhas the authorization todecide financing of generalmunicipal projects.
The brick surfacing isexpected to cost $2.2 millionout of the total project cost of$3.5 million.
City Manager Lou Coreasaid bids opened Oct. 2 forthe infrastructure repairs.
He said if discovery isgranted, the mall project willnot be able to move forwardthis year for the 2008 tourist
season because the discoveryphase could take severalmonths.
We hope she will dismissthe complaint and the city canmove forward on the project,Corea said.
We have a legislativerecord that cant be expandedupon and there is nothingthey can obtain in discoverythat can supplement therecord, Corea said after thehearing.
The citys attorney, AndrewCatanese, argued for dis-missal saying the complaint isbaseless and outrageous.
The legislative record, itsclear to me that we have morethan ample evidence to sup-port the ordinance, Catanesesaid.
The taxpayer group, con-sisting of bed and breakfastand hotel owners Larry
Muentz, Gus Andy, and JaySchatz said there are 96 otherunnamed members in thecomplaint against the mallproject.
After the hearing, Schatzsaid the mall is not the mainattraction of Cape May. Hesaid people come for thebeach and the historic build-ings, not the pedestrian mall.
Its not the Mall ofAmerica, Schatz said refer-ring to the attraction inBloomington, Minnesota.
The taxpayer groupbelieves the mall merchantsare receiving privilegedtreatment and the revitaliza-tion will only benefit the 100merchants along the mall.
Some animals are moreequal than others, Schatzsaid quoting George Orwellsclassic novel Animal Farm.
Judge Armstrong said the
mall benefits the community,not the business ownersalone, and but agreed thateach improvement benefitssome taxpayers more thanothers.
The mall project was reject-ed in a public referendum inAugust 2006, though in thesame vote the public agreedto repair the malls under-ground water and sewer utili-ties at a cost of $400,000.
The mall revitalization proj-ect intends to rehabilitate andrepave the entire mall area,adding lights and water foun-tains, and replacing trees.
If the city repairs utilitiesthis winter without having thestreet repaved, Corea said themall could result in asphaltdevoid of vegetation.
City bond ordinance coun
Please see Mall, Page A2
23rd annual Lima BeanFestival Oct. 6
WEST CAPE MAY The 23rd annual LimaBean Festival will be held this Saturday, Oct. 6,from 9 a.m. to 5 p.m. in Wilbraham Park.
The festival will feature a variety of lima beanfoods like succotash, lima bean soup, sandwich-es and lima bean salads. Traditional foods willalso be available.
Vendors will be at the park selling crafts, col-lectibles, jewelry, and clothing.
Activities will be live music, dancers, contests,and the crowning of the Lima Bean King andQueen.
For more information, contact Diane Flanagan609-884-8382.
Cape Ma WaveStar153rd YEAR NO. 41 CAPE MAY, N.J. 50SERVING AMERICAS NATIONAL HISTORIC LANDMARK CITY
SPORTSLCMR Tiger soccer goes
up against OC, B1
AREACounty drive-thru flu
shots available Oct. 28,A9
Borough looks at twoliquor licenses, A2
ARTSThe screw turns at
Cape May Stage, A12
10/4 3:09 3:35 8:46 10:0010/5 4:21 4:42 9:56 10:5910/6 5:22 5:38 10:59 11:5010/7 6:13 6:26 11:54 10/8 6:56 7:08 12:33 12:4210/9 7:34 7:46 1:11 1:2510/10 8:10 8:22 1:46 2:06
OCTOBER TIDE TABLE
HIGH LOWam pm am pm
THURSDAY, OCTOBER 4, 2007
Giuliani makes campaign stop at Congress HallGOP presidential candidate backs Nick Asselta,
Norris Clark and Michael DonohueBy LESLIE TRULUCK
Cape May Star and Wave
CAPE MAY Security wastight and there were bomb-sniffing dogs as a crowd ofabout 1,000 residents, volun-teers, fire police, and politi-cians gathered shoulder toshoulder on the lawn of
Congress Hall Monday after-noon, Oct. 1.
It was all in anticipation ofRepublican presidential can-didate Rudolph Giuliani, theformer New York City Mayorwho made a whistle stop inCape May.
Giuliani was touring south-ern New Jersey to promotehis candidacy, the GOP andraise money for state Sen.Nicholas Asseltas campaignat the hotel once known as thesummer White House.
The event, titled A Tributeto Heroes, was misleading.Giuliani paid more tribute toAmericas favorite pastimeand the Philadelphia Philliesrecent playoff success than asalute to the courage and sac-rifice of police, firefighters,and EMS teams as the media
advisory about the event stat-ed.
Various firefighters andservice men and women camedressed in uniform and didnot receive recognition.
Talk radio jockey HarryHurley gave opening com-ments and announced his for-mal endorsement of Giuliani.
These are serious and dan-gerous times, there is nottime for on the job training,this is not amateur hour.Mayor Rudy Giuliani hasalready shown his capacity tolead this country in a way thatmakes him the most pre-qual-ified candidate to ever run forthe presidency. This candi-date can run and win in all 50states, Hurley said, drawingloud applause.
Asselta introduced Giuliani.This is an important day
for our district and our coun-ty, Asselta told the enthusi-astic crowd.
Giuliani has demonstratedleadership that is beyondbelief. After 9/11 I stood atthat canon of destruction andclearly understood how diffi-cult of a job it would be to
bring that city back. There was only one person
who could have done that atthe particular time, a manwho commanded respectfrom every citizen in thatcommunity, the city and ofthe entire country. It is myunbelievable honor to intro-duce the next president of the
United States, RudolphGiuliani.
Giuliani spoke about thewar on terrorism, homelandsecurity, the economy andbaseball.
Hillary (Clinton) and I doshare one thing in common:we are both Yankee fans.
Baseball became a continu-ous theme throughout theevent. Giuliani aimed hiscompetition towards leadingDemocratic presidential con-tender Clinton several timesthroughout his speech.
Giuliani said if he andClinton are both nominated,they should have a one-hourYankee trivia quiz instead ofa typical debate.
I am running for presidentbecause this country needsvery strong, determined lead-
ership to remain on theoffense against terrorism,and to preserve the nature ofthe American economy.
New Jersey will be a criti-cal state in determining thenext president of the U.S.
Giuliani mocked Clintonssocial programs and spendingpolicy saying that therewould need to be a 20 to 30percent tax increase and hun-dreds of billions in healthcare with the money sheanticipates spending.
Clinton promised to send a$5,000 bond to every newbornchild-and a chicken in a pot.The last one to promise some-thing like this was GeorgeMcGovern who promised tosend $1,000 to everyAmerican. Maybe that moneywill be retroactive, HillaryClinton. Some people may notneed it: what if Bill Gates hasanother child?
Giuliani said, $22 billion ofyour hard-earned moneywould go towards hand-outprograms.
We need a responsibleRepublican president whowill make sure we dont gobankrupt and teach people tohelp themselves.
Giuliani said he reducedtaxes 23 different times asmayor of New York City.
We need to give some ofthat money back to youbecause you will spend itmore intelligently than the
government is going to spendit.
Giuliani promoted taxdeductions and privatizehealth care as opposed to gov-ernment-direct healthcare.
Giuliani said the U.S. needsto remain on the offense inthe war against terror.
We cannot go back to beingon the defense the way theDemocrats want.