WILDWOOD – “The new lawsuit is frivolous,” said Wildwood City Solicitor Mary Bittner, “and the city will respond forcefully.” Bittner uttered those words in response to questions concerning the new lawsuit filed by PointBreak Group Management. Recently filed, the lawsuit is connected to the ongoing case already before the Superior Court of New Jersey under the jurisdiction of Judge Christopher Gibson.
However, this case goes beyond the present legal battle ensuing against the City of Wildwood – the matter at hand is one of alleged racketeering charges against several individuals under the RICO (Racketeering Influenced Corrupt Organizations) Act. Charges against a number of individuals, including Mayor Ernie Troiano, have been placed at the federal level.
As of Jan. 26, PointBreak filed the charges before a judge in U.S. District Court in Philadelphia. In response to these charges, Bittner sent a letter to Fox Rothschild, LLP, in Princeton, requesting their services for special counsel in the pending procedure.
Alain Leibman, an attorney with Fox Rothschild, responded in a letter (publicly disclosed at Wildwood’s regular business meeting Feb. 11) to Bittner, affirming the request for special counsel and the firm’s services.
The authorization of Fox Rothschild’s services was not publically covered in the Feb. 11 meeting, according to the meeting agenda and the opening comments by the city clerk.
The tale of conflict between Wildwood and PointBreak is not a new one. PointBreak Group Management, a division of the corporation headquartered in Indiana, was hired by the City of Wildwood in 2012 for setting up events on the beach.
When certain aspects of the contract were allegedly not carried out, the city suspended the contract until a breach of contract suit was filed.
Under Judge Gibson, both parties came to an agreement, settling on an amended contract with PointBreak for another summer. Apparently, both Wildwood and PointBreak have “cross claims.” When PointBreak filed against the city again for breach of contract, the city responded with a countersuit in August 2014.
According to Eric Weitz, legal counsel for PointBreak, the new allegations are against individuals “who happen to be involved in government. We have attached supporting complaints in the documents.”
Since municipalities cannot be sued under the RICO Act, only private individuals can be charged. “There is a difference,” said Weitz who represents PointBreak in their initial complaint against the City of Wildwood. “After minor discoveries were made, they (PointBreak) consented to an agreement.”
Weitz’s client, Michael McDonald, claims the city broke the contract, not PointBreak, and thus another suit was filed. Gibson moved to take the matter under his jurisdiction and the case is ongoing.
Alleged in the federal complaint, members of PointBreak felt intimidated by several individuals of the board and others. When the Feb. 11 meeting was adjourned, Troiano was approached for comment on the matter of the lawsuit filed against the city by PointBreak Group Management. “All comments are being directed to our solicitor,” he said.
The services of Fox Rothschild have been consulted by the board and have retained the attorneys to represent the city in Point Break Group Management v. Ernest Troiano, Jr.
This second series of charges against the City of Wildwood is still in court while the federal suit is pending overview.
Wildwood determines to move forward with its beach development program for the city’s “best interest,” as stated at the Feb. 11 meeting.
To contact Rachel Rogish, email rrogish@cmcherald.com.
Cape May – Caryn Elaine Johnson AKA Whoopi Goldberg did what she always does lies. She lied that a bakery wouldn' t serve her because of her race. This was a complete fabrication damaged their reputation…
