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Litigation Resolved in Cape May’s Favor

By Vince Conti

CAPE MAY – The Appellate Division of the state Superior Court ruled in Cape May’s favor July 15, in litigation tied to a 2014 bar brawl.
On the evening of Sept. 14, 2014, a fight broke out at Carney’s bar, which caught the attention of then-Mayor Edward Mahaney. Mahaney said he was heading home after a late evening of work at his City Hall office, noticed the altercation that spilled into the street, and stopped to see what was going on. The versions of what happened next were at the heart of the legal action taken by Carney’s owner, Joseph Carney, against Mahaney and the city.
At issue was whether Mahaney, without the required authority, ordered the police to close the bar early.
The case involved allegations that the mayor made an agreement with Carney, agreeing not to call and report the incident to the state Alcohol and Beverage Commission (ABC) if Carney cooperated and closed for the night.
Eventually, ABC showed up, concerning the incident, leaving Carney certain, without proof, that Mahaney reneged on his agreement.
A public hearing, in June 2015, before the Cape May City Council, and a packed house of spectators, added to the drama surrounding the incident. The bar’s license was renewed, with conditions. Carney sued.
The trial court dismissed the suit, in favor of Mahaney and the city, in January 2019. The Appellate Division upheld the lower court opinion July 15, which should be the end of the long-standing litigation.

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