PALUMBO & RENAUD

ANTHONY N PALUMBO
MEMBER NJ. NY & TX BAR

ROBERT F. RENAUD
CERTIFIED BY THE SUPREME COURT OF NEW JERSEY AS A CIVIL TRIAL ATTORNEY

CATHERINE M. DEAPPOLONIO
MEMBER NJ & NY BAR

190 NORTH AVE. E. (RTE. 28) CRANFORD, NEW JERSEY 07016 TEL. (908) 272-9700 FAX (908) 272-9029 rrenaud@palumborenaud.com www.palumborenaud.com

BETHANY W EM KEY
MEMBER NJ & PA BAR

August 21,2013 Mr. Jesse Atwell Borough of Roselle Park 11 0 E. Westfield A venue Roselle Park, NJ 07204 RE: 293 West Clay Avenue, Roselle Park, New Jersey

Dear Mr. Atwell: We represent Regina Mendes-Doman. I am in receipt of your letter of August 12, 2013 regarding property at 293 West Clay A venue, Roselle Park, New Jersey. I attempted to call, but the telephone number on your letterhead is a law office. In response to your letter, please be advised that my client would like to resolve this matter as suggested in your letter. We would be happy to meet with you to discuss the case. My client disputes that the use of her business is a "gym." While it has some equipment, a "gym" is not the principal use. The fact that there may be some exercise equipment in the property does not make it a gym. Many other uses have some exercise equipment, but that does not dictate the primary use of the premises. If the exercise equipment is the source of your problem with the subject premises, we would be happy to discuss this issue with you in an attempt to resolve your concerns. You suggested in your letter that you may ''recall" the previously issued Certificate of Occupancy. trust that you would not do that before the hearing on the Municipal Court matter. This case is pending in the Roselle Park Municipal Court. llopefully it will he heard soon. My client has a number of protected constitutional interests in the Certificate of Occupancy. You are depriving her of the Certificate of Occupancy without a hearing, particularly in view of the pending Municipal Court case. could only be construed as a deliberate deprivation of my client's constitutional rights, including. but not limited to, her Fifth Amendment, Fourteenth and Fifteenth Amendment rights. A person acting under color of law who deprives another of these rights may be subject to an action for compensatory damages, punitive damages and attorneys fees in connection \Vith the vindication of these rights. As I indicated, we would be pleased to meet with you to discuss this matter further. Please contact me to arrange such a meeting.

PALUMBO & RENAUD

Very truly yours,

PAlUMBO & RENAUD·,,)

~~-~-~·· Robert r:· Renaud
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RFR/nl cc: Ms. Regina Mendes-Doman Mr. George D' Agostino

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