Subpoenas Served On 19 Toms River Officials In 2 North Dover Zoning Lawsuits

TOMS RIVER, NJ — Subpoenas were served on 19 current and former Toms River Township officials on Thursday, in connection with a pair of zoning board denials of shuls in 2019 and 2020 in the North Dover section of town, a move the township attorney called a fishing expedition.

The sweeping subpoenas from the Roman Storzer law firm seek copies of emails, messages sent by text or any social media application and full social media histories for each of the officials that reference the Orthodox Jewish community.

Storzer is the firm that sued Toms River under the Religious Land Use and Institutionalized Persons Act in 2016 over the Toms River Zoning Board of Adjustment's 2015 denial of the Chabad Jewish Center's request to hold prayer services at Rabbi Moshe Gourarie's home.

That lawsuit led to an investigation by the federal Department of Justice and led to a settlement where Toms River amended its zoning to return to a 2-acre requirement for houses of worship that had been in place for years.

Khal Anshei Tallymawr and Bais Brucha Inc. had each sought zoning approval for shuls — defined as a small synagogue — in 2019 and 2020, and had filed federal lawsuits in 2021, while Toms River was in the midst of negotiating the settlement with the Justice Department. The lawsuits cited increasing anti-Semitism in Toms River as the cause for the denials.

Federal judges in both lawsuits issued partial dismissals after Toms River settled with the justice department, but in both cases the plaintiffs were permitted to amend their complaints, which happened in early 2023, according to court records.

The subpoenas name current Mayor Maurice "Mo" Hill; Mayor-Elect Daniel Rodrick; current council members Matthew Lotano, Kevin Geoghegan and Justin Lamb; current council member and Planning Board member David Ciccozzi; former council members Laurie Huryk, Terrance Turnbach, Brian Kubiel, Maria Maruca and George Wittman; and current and former members of the planning and zoning boards, Robert Alston, Art Blank, Jason Crispin, Anthony Fontana, Nels Luthman, Lynn O'Toole, Richard Tutela and Matthew Yezzi.

The subpoenas seek:

• All communications and documents that make reference to the Orthodox Jewish community, including any using derogatory terms for Orthodox Jews;
• Documents including emails related to the township's "No Knock" stickers and efforts to ban real estate solicitation and canvassing in North Dover;
• Anything referencing Toms River Strong or Rise Up Ocean County, the Toms River quality of life task force, overdevelopment, and all postings on social media related to the Jewish community, Orthodox Jewish people, and references to them moving to Toms River;
• And complete history downloads of their Facebook, X/Twitter, Instagram, Linked In, and other social media/communication applications, among other items.

"These subpoenas were threatened but neither I nor any of the attorneys representing the Township or the land use boards were given advance notice that they were being served," said Anthony Merlino, assistant township attorney for Toms River.

"Such intrusive demands are a common tactic in RLUIPA-related cases. The Township has waded through such fishing expeditions in prior cases cases and these, like those, will come up empty," Merlino said.