Since the filing of the eruv lawsuit against Upper Saddle River and the retention of counsel, counsel has been working diligently to gather materials necessary to assert an aggressive defense. Mayor Minichetti has been dismissed as an individual defendant, and we have been informed that the newly formed Bergen Rockland Eruv Association will soon be joined as a plaintiff (as it is in the Mahwah lawsuit). In addition, the time within which the Borough has to respond or to file a responsive pleading has been extended until the end of September.
The lawsuit involves what is known as the “Mahwah eruv” which runs from Mahwah along Sparrowbush Road to West Saddle River Road and north to the New York border. We are informed that the remainder of the poles in Upper Saddle River with PVC pipe (known as “lechis”) are not connected to an active eruv. The Borough has agreed to maintain the status quo with the “Mahwah eruv” only, pending further Court action, but has informed Plaintiffs it cannot proceed to add lechis to or repair the remaining lechis in this second eruv area along Old Stone Church and Weiss Roads. Nevertheless, Borough police will take appropriate action regarding vandalism of any lechis.
Because of the necessity of not revealing strategy or privileged information, the amount of information the Mayor and Council can provide is limited but all filed substantive court documents will be posted or linked to the Borough’s website.