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Case Name Riverside Coalition of Business Persons and Landlords v. Township of Riverside, New Jersey IM-NJ-0001
Docket / Court L-2965-06 ( State Court )
State/Territory New Jersey
Case Type(s) Immigration
Case Summary
This was the second lawsuit brought against the Township of Riverside, New Jersey, challenging the Town of Riverside Ordinance 2006-16 ("Illegal Immigration Relief Act"), which attempted to ban immigrants from renting, residing, using property, or being employed in Riverside Township. The other ... read more >
This was the second lawsuit brought against the Township of Riverside, New Jersey, challenging the Town of Riverside Ordinance 2006-16 ("Illegal Immigration Relief Act"), which attempted to ban immigrants from renting, residing, using property, or being employed in Riverside Township. The other case, Assembly of God Church Riverside v. Township of Riverside, New Jersey, Case No.1:06-cv-03842-RMB-AMD, was pending in the U.S. District Court for New Jersey. [IM-NJ-2].

The complaint in this case was filed on October 18, 2006 in the Superior Court of New Jersey for Burlington County by attorneys with the ACLU of New Jersey Foundation, the ACLU Foundation Immigrants' Rights Project, the People for the American Way Foundation and the Puerto Rican Legal Defense and Education Fund. Plaintiffs alleged violations of the New Jersey Constitution and sought declaratory and injunctive relief to enjoin enforcement of the Ordinance. The case was assigned to Judge John Sweeney.

Riverside initially agreed to suspend enforcement of the ordinance while the case was pending and on October 25, 2006, Judge Sweeney entered a Consent Order which provided that the Ordinance or any amendments thereto would not be enforced without Riverside first giving plaintiffs' counsel at least 24 days written notice. On the same day the Consent Order was entered, Riverside Township Council introduced a revised version of the Ordinance at its council meeting.

On November 18, 2006, Riverside removed the lawsuit to federal court on the basis that it raised a question of federal law. On November 22, 2006, the Township enacted the Revised Ordinance (2006-26) which was patterned on a similar ordinance enacted in Hazleton, Pennsylvania. (The Hazleton Ordinance was the subject of federal court litigation - see Lozano v. City of Hazleton, IM-PA-1).

The federal court (Judge Renee Bumb) found no basis for removal and remanded the case back to state court on February 23, 2007. Following removal, plaintiffs filed an amended complaint, seeking injunctive relief to bar enforcement of the Revised Ordinance.

Citing escalating legal costs and an adverse ruling in the Lozano v. City of Hazleton case, the Township introduced a measure in August 2007 to repeal the Revised Ordinance. On September 17, 2007, the Township Council repealed the Revised Ordinance by a 3 to 1 vote. Given the repeal, plaintiffs reported that they would dismiss the case.

Dan Dalton - 11/08/2007


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism
Immigration
Constitutional rights
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) Township of Riverside
Plaintiff Description Riverside Coalition of Business Persons and Landlords
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Case Listing IM-NJ-0002 : Assembly of God Church Riverside v. Township of Riverside, New Jersey (D.N.J.)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:06-cv-05521-RMB-JS (D.N.J.) 05/11/2007
IM-NJ-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Ordinance 2006-19, Amended Ordinance 2006-16, Referred to as"Illegal Immigration Relief Act Ordinance", Riverside Township, NJ 01/01/2006
IM-NJ-0001-0005 PDF | Detail
Ordinance 2006-26, An Ordinance Amending, Chapter 166, Refered to as the "Illegal Immigration Relief Act", Riverside Township, NJ 01/01/2006
IM-NJ-0001-0006 PDF | Detail
Brief in Support of Order to Show Cause and Application For Preliminary Injunctive Relief to Enjoin the Riverside Township Immigration Relief Act 10/16/2006
IM-NJ-0001-0003 PDF | Detail
Verified Complaint 10/18/2006
IM-NJ-0001-0001 PDF | Detail
Memorandum in Support of Township of Riverside Plaintiffs' Application For One of the Plaintiffs to Proceed Anonymously 10/18/2006
IM-NJ-0001-0002 PDF | Detail
Riverside Township Ordinance 2006-26, An Ordinance Amending Chapter 166, Referred to as the Illegal Immigration Relief Act 11/22/2006
IM-NJ-0001-0011 PDF | Detail
Ordinance 2006-16, Illegal Immigration Relief Act of the Township of Riverside, NJ 01/17/2007
IM-NJ-0001-0004 PDF | Detail
Court Transcript and Oral Order re. Removal 02/23/2007
IM-NJ-0001-0009 PDF | Detail
Order 02/23/2007 (D.N.J.)
IM-NJ-0001-0014 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 04/11/2007
IM-NJ-0001-0007 PDF | Detail
Brief in Support of Order to Show Cause and Application for Injunctive Relief to Enjoin the Riverside Township Illegal Immigration Relief Act Ordinance 04/11/2007
IM-NJ-0001-0008 PDF | Detail
Order to Show Cause 04/12/2007
IM-NJ-0001-0010 PDF | Detail
Brief of Amici Curiae New Jersey Immigration Policy Network [and many others] 04/17/2007
IM-NJ-0001-0012 PDF | Detail
Press Release: ACLU Applauds Repeal of Anti-Immigrant Ordinance in Riverside, NJ 09/17/2007
IM-NJ-0001-0013 PDF | Detail
Judges Bumb, Renee Marie (D.N.J.)
IM-NJ-0001-0009 | IM-NJ-0001-0014 | IM-NJ-0001-9000
Schneider, Joel (D.N.J.) [Magistrate]
IM-NJ-0001-9000
Sweeney, John A. (State Trial Court)
IM-NJ-0001-0010
Monitors/Masters None on record
Plaintiff's Lawyers Albano, Michael (New Jersey)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008
Alvarez, Denise (New York)
IM-NJ-0001-0007 | IM-NJ-0001-0008
Barocas, Edward (New Jersey)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008
Chang, Jennifer (California)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008
Chin, Jackson (New York)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008
Gelernt, Lee (New York)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008
Guttentag, Lucas (New York)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008
Jadwat, Omar C. (New York)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008 | IM-NJ-0001-0009
Katz, James (New Jersey)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008 | IM-NJ-0001-0009 | IM-NJ-0001-9000
Llambelis, Lillian (New York)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003
Maer, Foster (New York)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008 | IM-NJ-0001-0009
Minceberg, Elliot (District of Columbia)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003
Mitchell, Reginald J. (Florida)
IM-NJ-0001-0007 | IM-NJ-0001-0008
Viola, Andrew (New Jersey)
IM-NJ-0001-0001 | IM-NJ-0001-0002 | IM-NJ-0001-0003 | IM-NJ-0001-0007 | IM-NJ-0001-0008
Defendant's Lawyers Heinhold, Douglas L. (New Jersey)
IM-NJ-0001-9000
Saponaro, George R. (New Jersey)
IM-NJ-0001-0009 | IM-NJ-0001-9000
Other Lawyers Steinhagen, Renee (New Jersey)
IM-NJ-0001-0012

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