POINT PLEASANT BEACH — Amethyst Beach Motel owner John A. Fernicola has filed an opposition to the Borough of Point Pleasant Beach and Mayor Paul Kanitra’s motion to dismiss the plaintiffs’ second amended complaint for the pending lawsuit.
The plaintiffs’ Jan. 3 filing is the latest twist in a legal battle that has been lodged in state court since May of 2021 when Mr. Fernicola and Theresa M. Perrone filed a civil complaint challenging Point Pleasant Beach Ordinance 2021-12 aimed at acquiring the 40-room motel site at 202 Arnold Ave., through negotiation or by eminent domain.
On Dec. 2, the borough had sought dismissal of the new second amended complaint claims by the plaintiffs alleging violations of civil rights in addition to their original claims of defamation, libel and slander. The motion had argued that the new claims were “equally frivolous and without adequate legal foundation.”
A month later, the plaintiffs filed a response that contests the defendants’ claims with arguments that the plaintiffs had sufficiently pled the new counts as non-duplicative, that Mayor Kanitra does not qualify for immunity, and that the plaintiffs’ claims are ripe for review, among others.
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