Spring Lake Heights Agrees to Settle Lawsuit Filed by Former Councilwoman

The legal battle between a former Spring Lake Heights councilwoman against Mayor Frances Enright and the borough is over.

However, Kathleen Crippen, the ex-Demcratic official who filed the civil litigation in February, says she is still waiting for Enright and Borough Attorney John Lane to sign the stipulation of settlement documents. The borough council authorized Lane to draft the settlement papers on June 27.

Speaking after Monday's council meeting, Lane indicated that he has submitted the stipulation of settlement to Enright for her signature. 

The Democratic mayor and Lane will must sign the settlement on behalf of the borough.

Crippen and her attorney, Dennis Collins of Farmingdale, will then sign it before forwarding it to Monmouth County Superior Court Judge Lawrence M. Lawson in Freehold for his signature.

In its 4-2 decision authorizing Lane to draft the document, the council's GOP majority agreed that settling the suit is in the best interest of the borough and its residents.

The settlement comes after the council voted in April to re-word the borough ordinance that outlines guidelines for appointing members to the Environmental Commission.

The approved revisions state that the council's representative or liaison to the commission does not need to be a sitting member of the governing body. All commission members must be legal residents of Spring Lake Heights.

The revised ordinance brings the borough law into line with the state statute that provides the legal guidelines for mayors to follow when naming or removing commission members.

For Crippen, the settlement has the desired outcome of reinstating her to the borough's  all-volunteer Environmental Commission as both a member and its chairperson.  

Crippen was 11 months into her current three-year term on the panel when Enright removed her on Jan. 4, 2011.

In turn, Crippen, who had lost re-election to her council seat two months earlier, sued Enright and the borough for what Collins described as "arbitrary, unreasonable and capricious" actions in the lawsuit. In addition, Crippen's suit accused Enright and the borough of denying her due process to defend her position.

Moreover, Collins argued in court papers that the borough ordinance on the books in January, when Crippen was removed, was invalid because it is superseded by the state statute. Enright and the borough violated state law by relying solely on the borough ordinance to justify Crippen's removal, Collins wrote.

Up until November, Crippen had been considered the council representative to the commission. 

After Crippen lost re-election to her seat, Enright determined that she could no longer serve on the commission once her council term ended on Dec. 31, 2010.

However, a majority of Crippen's council colleagues voted to change the language in the environmental commission ordinance so that she could remain a member after her council term ended.

Crippen had already served seven years on the commission, five of those as chairperson and two years as vice-chairperson.

Despite the council endorsement, Enright vetoed those changes in December, 2010. The mayor then notified Crippen that she would be removed as the council representative to the commission.

As part of the stipulation of settlement, all parties in the case — Crippen as plaintiff and Enright and the borough as co-defendants — will be responsible for their own legal costs. Originally, Collins had sought to have the borough pay Crippen's legal fees.

Once she resumes her position on the commission, Crippen's current term will end Dec. 31, 2011. Crippen ran unsuccessfully as an independent in November's election after breaking rank with the local Democratic organization chaired by Enright.