Springfield's 9-0 Mall Superintendent's Services Veto Elates Opponents by STUART AWBKEY Many Christmas Eve and the Proposed Shopping Center in Spr- Suit Vs
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Page 32 CKANFORD (N.J,) CHRONICLE Thursday. December 16. 1982 Gar wood kids meet Brearley club helps Santa^. schools — shut-in... Harding prepare for concert, students deck the computers on line halls, traffic RUM in school...page 24 hot spot...page 21 Each unique Corum is hand-crafted in VOL. 90 No. 51 Tuesday, December-21, 1983 Serving (Irnnford, honihvorth iuui (l USPS i:«i HOO Second Class Postage Paid Cranford. N.J. 25 CENTS 18 Karat Gold with an electronic quartz movement. Judge dismisses In Brief Springfield's 9-0 mall superintendent's Services veto elates opponents By STUART AWBKEY Many Christmas Eve and The proposed shopping center in Spr- suit vs. Chronicle Christmas Day services are schedul- ingfield was unanimously vetoed by that Each has a quartz movement, and is crafted ed in local churches this week. See community's planning board. Ihe summaries on Page 17. ..,. A libel suit filed against The which will meet the heavy proof 8 Karat Gold, in the century-old tradition of Piaget artistry. By a 9-0 vote, the hoard rejected a zon- Chronicle nearly two years ago by burden of actual malice, a .libel ing change that would have permitted Robert D. Paul, superintendent of defendant is entitled to summary the mall.on 52 acres between Lenape schools, was dismissed Friday by a judgment as a matter of,law." Park and'Rte. 22.. The -decision was Superior Court judge. Stuart AwbreyTeditqr, staged In a greeted- by hand • applause and some A motion fo"r"summary judgment, written interrogatory that-"the facts Candles on cheers from many of the 70 people pre- or dismissal, was signed- in the contained in the articles published sent. Elizabeth courthouse by Judge by the defendant were at all times Several neighborhoods will "light The resolution recommending denial, Bryant W. Griffin. The motion had believed to be~ true;" He-testified in up" Christmas Eve with luminaries to the Springfield Township Committee been filed in October by attorneys his deposition in the' pre-trial starting at'll p.m. Sunny Acres, contained a 2}-point case against the for the newspaper! Paul did not op- diseovery;process that "we felt we Heathermeade and Columbia center sought by General Growth Inc., pose the 41-page motion containing wanted to give the. full text to both Avenue, are among those par- Bamberger's and Alexander's. arguments for dismissal. •. ' sides. Ourgoal was to be as fair and ticipating. The United Methodist Robert. Podvey, attorney who had The superintendent's libel suit accurate to both sides as we possibly Church will illuminate its sidewalks shepherded the application for .the against the paper was part of a could." at 6:30 p.m. for its Christmas, Eve developer through 18 hearings over 11 defamation of character; malicious In arguing for dismissal, Cafferty servicos. IJeathermeade will light prosecution and damage suit said "not even a scintilla of evidence the bags on Christmas night if it. brought by Paul against the local, has been gleaned which would in- rains. .. state and national teacher associa- dicate the defendant's subjective tions, the local association's at- awareness.of falsity." ; 'We did it!' torneys and individual members of the attorney further pointed out Lois Hammond has worn her the Cranford Education Association that material in The Chronicle ar- Free meters "Stop the Mall" button for months? executive board. ticles were taken from legal When the decision came through she Paul's suit was filed in January documents and depositions on file His S20 Gold Piece Meter parking enforcement has topped it with a "We Did It!" label. Htiil, after the litigation brought by with the court. These documents are with 18 Karat Gold Bracelet been suspended downtown through When asked to express her sen- the CEA against the Board of Educa- considered as "qualified privileged" '8990 Christmas to aid shoppers. The timents verbally, the normally soft tion that included charges, against sources for reporters, and this suspension extends to short-term spoken leader of the largest petition the superintendent. The CEA had privilege was cited as an argument shopped meters only. Most stores drive in • the township's history alleged surveillance of school in the motion. The newspaper also are open until 9 p.m. this week. responded "Whoopee!" For other employes by private detectives and • argued that at least one of Paul's • Her $5 Gold Piece reactions see story on Page 4. Ed Robinson will be taping.of phone conversations by the counts was barred by the statute of with 18K1. Gold superintendent had violated teacher limitations. Bracelet ' * S990 rights of privacy. Its cases were In referring to extensive pre-trial months, said when asked if he would ap- dismissed in courts. , deppsition testimony by the defen- Holidays peal that the decision would be "up to The Chronicle is the only defen- dants and Paul, The Chronicle's mo- the client" and that "no determination town's next mayor dant among 17 accused by Paul that tion argued that the superintendent Stores are open Friday but many has been made yet!" • " • Ed Robinson will be mayor of Cran- has been dismissed from his suit;' has "yet to establish a factual or 999.9 pure gold, ingot Paul Williams, attorney for thtrsp't*-" 15 Grams poured at the offices are closed Christmas Eve. —fot*d • next year. The local landscape Beverley Awbrey, publisher, said legal basis, for claims against .this Union Bank of Switzerland. These" include banks, the Municipal "ingfield Stop the Mall Committee, ^nurseryman will be the 42d chairman of "the case has imposed a financial defendant." It cited Paul's ' 2950 Building and library and The postulated that the unsuccessful appli- the Township Committee. '• burden on the newspaper but the testimony in September jn which the Chronicle. The postal service runs cant might appeal to'the governing body , Robinson, 50, is a lifelong resident and result represents a victory for the superintendent admitted he, has no Friday. St. Michael School begins its and might not carry the process to is president of the landscape design and public right to know about signifi- evidence that the newspaper had vacation Thursday and the public court. nursery firm founded by his father cant matters through the freedom of knowledge Of a subjective schools Friday. Union College's ad- Stanley Kaish, Springfield mayor, which continues under the name of M. the newspaper to report about awareness of falsity. missions office will be open next who voted for rejection, said traffic im- Robinson & Son on Bloomingdale them." Cafferty, cdunsel for the New week. pact of the mall "would be overwhelm- Avenue. He is also president of tw^land .. The major argument in the Jersey Press Association and a CONCORD ing" and create hazards. He and board development firms in Manalapan, Point newspaper's motion for summary lea'ding libel defense lawyer in the The Po/o member Marcia Forman cited that, as 33 Corp. and Land Holding Co. judgment was the contention that state, described the judicial water-resistant COLLECTION the major concern. Seven of the 21 The incoming mayor is a member of Paul, as a public official under The dismissal as "a good result" and For Him: ' 10900 Chief elected points in the resolution dealt directly the four-man Republican majority on "New York Times vs. Sullival) libel '/aid "this decision reflects the im- For Her: < 7900 with traffic impact and one indirectly. the govejtiing body. He has served as case of 1964, never established plementation of Maressa and A master combination of 1 8 Karat Gold, thinness • Robert A. Guertin, police chief, A second major consideration was the finanpeiind public works commissioner malice or falsity in The Chronicle's kolikoff decisions which called for has been elected president of the appropriateness of zoning. The board and*as member of the library board. coverage of the CEA's legal action /summary judgment at the practical of design, and quartz. Crafted in the Swiss tradition. felt the current 1-40 industrial zoning is Union County Police Chief's He succeeds Dick Salway, who will be against the board and superinten- triaHevel." He was referring to two Association. Page 2. "reasonable and appropriate," that it dent. recent libel decisions in which the can be developed for its present permit- finance and real estate commissioner. In the formal government reorganiza- In citing this landmark case, in New Jersey Supreme Court urged ted uses and that the owner failed to which the Supreme Court set the summary judgment procedures, make a serious effort to market it for in- tion Jan. 1 Gene Marino will continue a.s public safety commissioner and Doug standards for proving libel, the local where appropriate, to siftout nonac- dustrial use. newspaper's attorney, Thomas Caf- tionable claims. Bloomingdale The points recited by board member Nordstrom as recreation commissioner. Ed Robinson Sandy Weeks, the.lone Democrat, will was youth activities chairman of St. ferty, argued that Paul failed to The Chronicle so far has spent Robert Weltchek concluded with obser- establish "clear and convincing pro- $23,135.30 in legal fees for its CONCORD A formal lease agreement bet- be public works commissioner. Michael Church. vations that the applicant proposed of"- that The Chronicle acted with defense. A legal defense fund ween the township and school board rczoning "so it will be more profitable," Robinsott has served a number of local He earned five varsity letters and organizations. He is a former president graduated from Cranford High School in malice. It is up to the plaintiff to pro- established by citizens last year will Each is hand-crafted in .14 Karat Gold, to rent Bloomingdale School for use that the property is adequate for its pre- ve that a newspaper either knew a defray part of the costs.