Radburn, New Jersey - Governance

Governance

Radburn residents vote for a board of trustees to govern the Association. Nominees to six of the nine board seats are chosen by the sitting trustees. Two other seats are appointed by former trustees and not subject to the residents' vote. The ninth seat is filled by the President of the Radburn Citizens' Association ex-officio.

In November, 2006 a group of Radburn residents opposed to the current system of governance filed a lawsuit against the Radburn Association. The plaintiffs claim that Radburn's governance violates New Jersey state law and the New Jersey State Constitution. The residents are represented by two public interest legal organizations: the New Jersey Appleseed Public Interest Law Center and The Community Law Clinic of The Rutgers School of Law-Newark.

On April 1, 2008, the New Jersey Superior Court awarded summary judgements for both sides in the democracy lawsuit. Judge Contillo found that Radburn's governance was legal as well as its membership. The Court ordered the Association to comply with the law by providing full financial disclosure to residents and amending its bylaws to support open trustee meetings four times each year.

Respected New Jersey Constitutional expert Frank Askin of the Rutgers University School of Law at Newark, and his Clinic on Constitutional Law, have now joined the plaintiffs' pro bono legal team for the appeals process, intending to affirm through the courts that the PREDFDA statute guarantees free elections in planned community government

On June 17, 2010, the Moore V Radburn litigation was finally put to rest by the NJ Supreme Court. The petition for certification filed by the 16 litigants was denied.

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