MON-L-004459-19 12/19/2019 9:51:38 AM Pg 1 of 18 Trans ID: LCV20192336866 David A. Clark, Esq. (Attorney ID No. 021041988) GluckWalrath LLP 428 River View Plaza Trenton, New Jersey 08611 : (609) 278-1900 F: (609) 278-9200 dclark@glucklaw.com Attorneys for Plaintiff, Howell Township HOWELL TOWNSHIP, Plaintiff, v. WALL TOWNSHIP; HOWELL PROPERTIES, LLC; PINE VIEW ESTATES, LLC; DANIEL WERBLER; CREST ENGINEERING ASSOCIATES, INC.; PINE VIEW ESTATES AT HOWELL HOMEOWNERS ASSOCIATION, INC.; and JOHN DOES 1-10 (representing presently unidentified companies, corporations, and/or individuals responsible for the design, construction, ownership, maintenance, control, supervision, and inspection of the detention basin referenced herein), Defendants. SUPERIOR COURT OF NEW JERSEY, LAW DIVISION: MONMOUTH COUNTY DOCKET NO.: CIVIL ACTION COMPLAINT AND JURY DEMAND Plaintiff HOWELL TOWNSHIP, with administrative offices at the Howell Township Municipal Building, 4567 Route 9 North, Howell, New Jersey 07731, by way of Complaint against the Defendants says: THE PARTIES 1. Plaintiff Howell Township (“Howell”) is a municipal corporation with principal administrative offices located at 4567 Route 9 North, Howell Township, New Jersey 07731.MON-L-004459-19 12/19/2019 9:51:38 AM Pg 2 of 18 Trans ID: LCV20192336866 2. Defendant Wall Township (“Wall”) is a municipal corporation with principal administrative offices located at 2700 Allaire Road, Wall Township, New Jersey 07719. 3. Defendants Howell Properties, LLC and Pine View Estates, LLC (collectively, the “Developer”) are limited liability companies authorized to do business in the State of New Jersey, with principal addresses located at 242 Route 79, Suite 9, Morganville, New Jersey 07751. 4, Defendant Daniel Werbler (“Werbler”), at all relevant times to the Complaint herein, was the managing member of the Developer. 5. Defendant Crest Engineering Associates, Inc. (“Crest”) is a New Jersey corporation with a principal address located at 12 Robbins Parkway, Toms River, New Jersey 08753. 6. Defendant Pine View Estates at Howell Homeowners Association, Inc. (the “Pine View HOA”) is a New Jersey nonprofit corporation with a principal address located at 68 Maypink Lane, Howell, New Jersey 07731. 7. John Does 1-10 are any such other and further persons, corporations, companies, and/or other individuals or business entities responsible for, infer alia, the design, construction, ‘ownership, maintenance, control, supervision, and inspection of the detention basin which is the subject of this litigation. FACTS COMMON TO ALL COUNTS General Background 8. This litigation relates to the improper design, construction, ownership, maintenance, control, supervision and inspection of a detention basin in the senior housing development commonly known as Pine View Estates at Howell (“Pine View Estates”). TheMON-L-004459-19 12/19/2019 9:51:38 AM Pg 3 of 18 Trans ID: LCV20192336866 detention basin at issue is one of two detention basins constructed for the Pine View Estates project and is the basin closest to Rose Bud Lane (the “Basin”). 9. Pine View Estates is located along the border between Wall and Howell. At the time when the land use applications were filed for the Pine View Estates project, Pine View Estates was located within Wall, but due to its location near the Garden State Parkway it could only be accessed by roads running through and owned by Howell. 10, After the Pine View Estates project was approved and construction began on it, negotiations began between Wall and Howell to transfer the property on which the Pine View Estates project was located from Wall to Howell. These negotiations culminated in the entry of an interlocal services agreement between Wall and Howell in or about July of 2005 providing for the annexation of this property by Howell subject to certain conditions (the “Annexation Agreement”). 11, Despite the annexation of the property on which Pine View Estates is located by Howell, Wall is still responsible under the Annexation Agreement for certain obligations with regard to Pine View Estates as set forth more fully below. The Application To Develop Pine View Estates 12, The property on which Pine View Estates was developed was originally located within Wall and was designated on the Wall Tax Map as Block 977, Lots 16 and 17 (the “Property”). 13. Inor about 1995, the Developer acquired title to the Property. At the time that the Developer acquired the Property, it was zoned for 2 acre single family residential use. 14, The Developer began negotiations with Wall regarding the potential re-zoning of the Property for higher density housing in exchange for a contribution to Wall's affordableMON-L-004459-19 12/19/2019 9:51:38 AM Pg 4 of 18 Trans ID: LCV20192336866 housing trust fund. Wall ultimately agreed to re-zone the Property for approximately 180 age- restricted single family housing units in exchange for a payment of $885,000 by the Developer to ‘Wall to be deposited into Wall’s affordable housing trust fund. 15. The Developer subsequently filed an application with the Wall Planning Board seeking major subdivision approval for a project consisting of 184 new lots with 177 adult single family dwellings, a recreation center, two detention basins, pumping stations and three open space lots on the Property. 16. The Developer retained Defendant Crest to prepare the plans for its major subdivision application for the Property. These plans included, among other things, plans for detention basins on the Property and a storm water management report for the project. 17. During the application process before the Wall Planning Board, residents of Howell and representatives of Howell (including Township Manager and the Township Engineer) appeared at the Wall Planning Board hearings to express concems regarding the sufficiency of the detention basins (including the Basin) to address drainage from the development and the potential adverse impact of the proposed Pine View Estates drainage system upon Howell’s existing storm water management system (including but not limited to the storm water management system in the area of Pine Needle Street adjacent to the Pine View Estates project). 18. The Developer, Crest, and Wall failed to appreciate and adequately address the concerns raised by Howell representatives and Howell residents regarding the inadequacy of the Basin and of the Pine View Estates drainage system.MON-L-004459-19 12/19/2019 9:51:38 AM Pg 5 of 18 Trans ID: LCV20192336866 19. Onor about September 11, 2000, the Developer received Final Major Subdivision approval from the Wall Planning Board for a project with 183 total lots, A resolution memorializing the approval was adopted by the Wall Planning Board on October 2, 2000. ‘The Road Opening Permit 20. On or around September 1, 1999, the Developer submitted an application for a road opening permit to Plaintiff Howell. ‘The application depicted an 18” pipe coming out from ine Needle Street. the Basin to be connected to the existing 15” reinforced conerete pipe in 21. On or around September 20, 1999, Plaintiff Howell denied the Developer's road opening application and informed Wall of such denial. 22, The Developer filed litigation seeking to compel Howell to issue the road opening permit. The Developer ultimately obtained a Court Order requiring Howell to issue the road opening permit and Howell complied with that Court Order. ‘The Annexation Of The Pine View Estates Property 24. In or about 2003, Plaintiff Howell and Defendant Wall began discussing the possibility of Pine View Estates being annexed by Howell since all access roads to the Pine View Estates Property run through Howell and are owned by Howell. 25. Onor around September 18, 2003, the Developer issued a memorandum stating it was amenable to this proposed annexation, but requesting that all site and building inspections and plan reviews continue to be conducted by Wall officials. 26. In or about July of 2005, Plaintiff Howell and Defendant Wall executed an Interlocal Services Agreement Relating to the Annexation of Pine View Estates by the Township of Howell (the “Annexation Agreement”), agreeing to and memorializing the annexation of Pine ‘View Estates by Howell.MON-L-004459-19 12/19/2019 9:51:38 AM Pg 6 of 18 Trans ID: LCV20192336866 27. Despite the annexation of the Pine View Estates Property by Howell, the Annexation Agreement states, inter alia, that Wall, in exchange for including the affordable housing units amongst its fair share contribution and other attendant fees, will continue to “supervis[e],” “monitor, inspect, and approve all required site improvements” for the development until such time as certificates of occupancy are granted and maintenance guarantees posted by the Developer (Annexation Agreement, paragraphs 5 and 7). 28. Under paragraph 10 of the Annexation Agreement, Wall has a continuing “responsibfility] for any construction defects or complaints concerning the construction of homes within [the Development]” until the expiration of the two-year maintenance guarantees posted by the Developer. 29. The Annexation Agreement also provides that Wall shall undertake any “legal action required to enforce the terms and conditions of the performance of maintenance bonds.” (Annexation Agreement, paragraph 8). Drainage And Flooding Problems Caused By Pine View Estates 30. There have been a recurring series of drainage and flooding problems caused by the Basin and drainage system running from Pine View Estates and connecting to Howell's storm water management system. 31. Onor about August 1, 2003, the Pine View Estates Property had been cleared and construction was beginning when a thunderstorm occurred and caused flooding which came from Pine View Estates, through the Basin, and then collected at the low point on Pine Needle Street in Howell between houses #147 and #149. Water was half way up the asphalt driveway of house #147.MON-L-004459-19 12/19/2019 9:51:38 AM Pg 7 of 18 Trans ID: LCV20192336866 32. On or around October 27, 2003, Plaintiff Howell sent a letter to Wall advising Wall of the concems raised by Howell residents regarding the Pine View Estates drainage system and its connection to the Howell storm water management system. 33. On or around August 2, 2004, during a rain storm, Plaintiff Howell’s Department of Public Works responded to emergency calls from two streets adjacent to the Pine View Estates Property--Pine Needle Street and Cherry Lane-for flooding issues created by the Pine View Estates project. Plaintiff Howell informed Wall on August 18, 2004 that the construction debris and mud on from the Pine View Estates project were creating severe flooding problems and a dangerous situation on Howell’s roadways. 34. In the summer of 2012, Plaintiff Howell’s residents on Pine Needle Street continued to make numerous complaints regarding the Basin and drainage system at Pine View Estates and the flooding that it was causing on their properties. The Howell Township Police Department was contacted on at least one occasion in this time period to shut down Pine Needle Street due to flooding. 35. On September 5, 2012, a meeting was held between representatives of the Pine View HOA and Plaintiff Howell’s representatives and engineer to discuss flooding concems raised by the residents of Pine Needle Street. Water had been observed bubbling out of the “Type B” inlet on Red Bud Lane just uphill from the inlets that served as the Basin overflows. 36. Howell Engineer Jim Herrman and Wall Engineer Matthew Zahorsky analyzed the elevations of the Type B inlet versus the inlets inside the Basin used to control overflow. Using a laser level to inspect the Basin, Mr. Zahorsky determined that the Type B inlet was incorrectly lower than the Basin overflow grates.MON-L-004459-19 12/19/2019 9:51:38 AM Pg 8 of 18 Trans ID: LCV20192336866 37. On or around September 20, 2012, Wali’s Consulting Engineer, Al Yodakis, wrote to Defendant Werbler requesting that the Type B inlet be plugged or removed by the Developer to prevent any additional flooding. The letter further also requested the Developer to clean the Basin and to clear its outlet structure of debris. 38. On or around June 7, 2013, Mr. Hermann inspected the Pine View Estates Property and surrounding streets during a rain storm and noted there was minor flooding of the roadway of Pine Needle Street. During the storm, Mr. Hermann noticed that much of the surface water was missing the Pine View Estates’ inlets due to the fact that Pine View Estates had not yet installed all required paving. In the absence of the paving, water moved past the collection system, To prevent further flooding, Plaintiff Howell provided sandbags directing the draining water into the Pine View Estates inlets. 39. On or around June 24, 2013, the Pine View HOA requested that Howell remove the sandbags and was informed by Plaintiff Howell’s Township Engineer that the sandbags were necessary in order to protect the safety of Howell’s property and its residents. 40. On or around July 14, 2014, a Pine Needle Street resident e-mailed Wall and Howell officials indicating that flooding was continuing to occur from the Pine View Estates Basin and drainage system onto Pine Needle Street and the adjoining properties. 41, Despite these numerous complaints and recurring flooding incidents, Defendants Wall, the Developer, Werbler, Crest and the Pine View HOA did not take corrective actions to address and fix these issues.MON-L-004459-19 12/19/2019 9:51:38 AM Pg 9 of 18 Trans ID: LCV20192336866 Wall’s Release Of The Performance Bonds 42, construction of the Pine View Estates project, including the Basin. 43. On or around March 28, 2018, without prior notice to Plaintiff Howell and without Howell’s consent, Wall took unilateral action to release all of the Developer's performance guarantees for all phases of the Pine View Estates Project and required the Developer to issue maintenance bonds for each of the three phases of this project. Additional Drainage And Flooding Issues 44, On or around August 13, 2018, a storm event producing approximately 7.8 inches of rain within a 24-hour timeframe led to flooding which came from the Basin and Pine View Estates drainage system and which resulted in flooding to several houses, properties and vehicles on Pine Needle Street and Cherry Lane in Howell, both of which are located adjacent to the Pine View Estates Property. These streets had to be closed for a period of time until the flood waters receded and there was significant damage both to Howell’s property and to private property. ‘The Tort Claim Notice To Wall 45, — Out of an abundance of caution, on or around November 1, 2018, Plaintiff Howell sent Wall a Tort Claim Notice regarding Howell’s intention to file suit against Wall for these ongoing drainage issues caused by the Pine View Estates Basin and drainage system. 46. As a result of the issuance of the Tort Claim Notice, Wall contacted First Indemnity of American Insurance Company, the entity which issued the maintenance bonds for the Pine View Estates project. When First Indemnity rejected the claims, Wall neither responded nor pursued any further legal action to “enforce the terms and conditions of the performance of004459-19 12/19/2019 9:51:38 AM Pg 10 of 18 Trans ID: LCV20192336866 [the] maintenance bonds” despite being required to do so under the terms of the Annexation Agreement. 47, The statutory time period for Wall to investigate this Tort Claim Notice has expired. ‘The Pine View HOA’s Ownership Of Pine View Es 48. At some point after the Developer constructed the Pine View Estates development, the Developer turned over ownership of all of the common areas of the Pine View Estates Property, including the Basin and the Pine View Estates drainage system, to the Pine View Estates HOA. 49. As the owner of the Basin and the Pine View Estates drainage system, the Pine View Estates HOA is responsible to maintain and repair these items and is also responsible for the negligent discharge of storm water from that system to the extent that such discharge causes damage to Howell’s property or requires remedial improvements to the Township's storm water ‘management system. Howell’s Damages 50. Due to the recurrent flooding coming from the Basin and the Pine View Estates drainage system, Howell has suffered damages to its streets and infrastructure. 51. Due to these recurrent flooding problems, Howell may now be forced to undertake future corrective remedies, including but not limited to the construction of infrastructure improvements to Howell’s storm water management system in order to be able to address the storm water flowing from Pine View Estates into Howell's storm water management system, 10004459-19 12/19/2019 9:51:38 AM Pg 11 of 18 Trans ID: LCV20192336866 52. Additionally, Howell has received a Tort Claim Notice from a resident regarding a potential claim for damages to that resident’s property caused by flooding from the Pine View Estates’ Basin and drainage system. If that resident (or anyone else) files litigation against Howell for damages caused by flooding coming from the Pine View Estates Basin and drainage system, then the Defendants (rather than Howell) should be responsible to compensate Howell's residents for these damages. EIRST COUNT (Breach of Contract against Wall Township) 53. Howell hereby incorporates all of the allegations set forth within the foregoing paragraphs as if fully set forth herein. 54, Pursuant to Paragraphs 8 and 10 of the Annexation Agreement, defendant Wall is contractually responsible for “construction defects or complaints” concerning Pine View Estates until the release of the Developer’s two-year maintenance bond, which shall not be released until March 2020. 55. Defendant Wall has failed to respond to numerous complaints from Howell and its residents regarding the flooding resulting from the defective Basin and Pine View Estates drainage system in breach of Wall’s contractual obligation. 56. As a direct and proximate result of Wall’s breach of contract, Howell has repeatedly been called upon to respond to flooding complaints, avert flood waters, and repair flooded roads and has suffered damages and will continue to incur future damages arising from ‘Wall’s breach, M1004459-19 12/19/2019 9:51:38 AM Pg 12 of 18 Trans ID: LCV20192336866 WHEREFORE, Plaintiff HOWELL TOWNSHIP, demands judgment against the Defendant, WALL TOWNSHIP, for damages, interest, and costs of suit, and any other remedy this Court deems just. SECOND COUNT (Breach of Contract against Wall Township) 57. Howell hereby incorporates all of the allegations set forth within the foregoing paragraphs as if fully set forth herein, 58. Under Paragraphs 5 and 7 of the Annexation Agreement, Wall is contractually obligated to supervise, monitor, inspect, and, when merited, approve all site improvements and construction in the Pine View Estates development. 59. Defendant Wall was aware of numerous issues with the Basin and Pine View Estates drainage system occurring between 2012 and March 2018. Despite this awareness, Wall released the performance bonds issued by the Developer for the project. 60. In failing to ensure that the Basin and Pine View Estates drainage system was properly designed and constructed, and failing to appropriately monitor and inspect it between 2012 and 2018, Wall failed in its duties to supervise, monitor, inspect, and approve said site improvements, in breach of its obligations under the Annexation Agreement. 61. Howell has suffered damages as a result of this breach and continues to suffer such damages. WHEREFORE, Plaintiff HOWELL TOWNSHIP, demands judgment against the Defendant WALL TOWNSHIP, for damages, interest, and costs of suit, and any other remedy this Court deems just. 12004459-19 12/19/2019 9:51:38 AM Pg 13 of 18 Trans ID: LCV20192336866 THIRD COUNT (Breach of Contract against Wall Township — Failure to Maintain) 62, Howell hereby incorporates all of the allegations set forth within the foregoing paragraphs as if fully set forth herein, 63. Defendant Wall failed to institute legal action to enforce the Developer's maintenance bonds to address the flooding issues caused by the defective Basin and drainage system despite its obligation to do so. 64. This constitutes a breach of Wall’s obligations under the Annexation Agreement. 65. Howell has suffered damages as a result of this breach and continues to suffer such damages. WHEREFORE, Plaintiff HOWELL TOWNSHIP, demands judgment against the Defendant WALL TOWNSHIP, for damages, interest, and costs of suit, and any other remedy this Court deems just. FOURTH COUNT (Gross Negligence in Supervision against Wall Township) 66. Howell hereby incorporates all of the allegations set forth within the foregoing paragraphs as if fully set forth herein. 67. Based upon the facts alleged herein, Wall was grossly negligent in its supervision of the maintenance of the Basin and drainage system, and in its deliberate disregard of the complaints of persons suffering damages as a result of Wall’s gross negligence with regard to the Basin. 68. As a direct and proximate result of Wall’s gross negligence, the Basin and drainage system has caused flooding upon the surrounding properties, including the public 13004459-19 12/19/2019 9:51:38 AM Pg 14 of 18 Trans ID: LCV20192336866 roadways, causing damages to surrounding property owners, who have repeatedly complained about said damages and flooding, and to Howell’s property. 69. Due to Wall’s deliberate indifference, Howell has repeatedly been called upon to respond to flooding complaints, avert flood waters, and repair flooded roads and has suffered and continues to suffer damages caused by Wall’s gross negligence. WHEREFORE, Plaintiff HOWELL TOWNSHIP, demands judgment against the Defendant WALL TOWNSHIP, for damages, interest, and costs of suit, and any other remedy this Court deems just. EIETH COUNT (Gross Negligence in Construction against Howell Properties LLC, Pine View Estates, LLC and Daniel Werbler) 70. . Howell hereby incorporates all of the allegations set forth within the foregoing paragraphs as if fully set forth herein. 71. Based upon the facts alleged herein, Defendants Howell Properties, LLC and Pine View Estates, LLC and their managing member Daniel Werbler were grossly negligent in their design and construction of the Basin and the drainage system and in their deliberate disregard of known failures and defects in the construction and site preparation. 72, Asa direct and proximate result of these Defendants’ gross negligence, the Basin and drainage system has caused flooding upon the surrounding properties, including the public roadways, causing damages to surrounding property owners, who have repeatedly complained about said damages and flooding, and to Howell’s property. 73. Due to these Defendants’ deliberate indifference, Howell has repeatedly been called upon to respond to flooding complaints, avert flood waters, and repair flooded roads and has suffered and continues to suffer damages caused by these Defendants’ gross negligence. 4004459-19 12/19/2019 9:51:38 AM Pg 15 of 18 Trans ID: LCV20192336866 WHEREFORE, Plaintiff HOWELL TOWNSHIP, demands judgment against the Defendants HOWELL PROPERTIES, LLC, PINE VIEW ESTATES, LLC and DANIEL WERBLER, for damages, interest, and costs of suit, and any other remedy this Court deems just. SIXTH COUNT (Negligent Construction against Howell Properties, LLC, Pine View Estates, LLC and Daniel Werbler) 74. Howell hereby incorporates all of the allegations set forth within the foregoing paragraphs as if fully set forth herein, 75. Based upon the facts alleged herein, Defendants Howell Properties LLC, Pine View Estates, LLC and their managing member Daniel Werbler were negligent in their design and construction of the Basin and the drainage system. 76. As a direct and proximate result of these Defendants’ negligence, Howell has suffered and continues to suffer damages. WHEREFORE, Plaintiff HOWELL TOWNSHIP, demands judgment against the Defendants HOWELL PROPERTIES, LLC, PINE VIEW ESTATES, LLC and DANIEL WERBLER, for damages, interest, and costs of suit, and any other remedy this Court deems just. SEVENTH COUNT (Gross Negligence in Design against Crest Engineering Associates, Inc.) 77. — Howell hereby incorporates all of the allegations set forth within the foregoing paragraphs as if fully set forth herein. 78. Based upon the facts alleged herein, Defendant Crest was grossly negligent in its design of the Basin and drainage system and with its deliberate disregard of known defects in such system, 15004459-19 12/19/2019 9:51:38 AM Pg 16 of 18 Trans ID: LCV20192336866 discharge of storm water from the Pine View Estates Property to property owned by Howell and/or Howell’s residents. 85. As a direct and proximate result of this negligence, Howell has suffered and continues to suffer damages. WHEREFORE, Plaintiff HOWELL TOWNSHIP, demands judgment against the Defendant PINE VIEW ESTATES HOMEOWNERS ASSOCIATION, INC. for damages, interest, and costs of suit, and any other remedy this Court deems just. ‘TENTH COUNT Declaratory Judgment Against All Defendants) 86, Howell hereby incorporates all of the allegations set forth within the foregoing paragraphs as if fully set forth herein. 87. Howell seeks relief under the New Jersey Declaratory Judgment Act, N.J.S.A. 2A:16-50 et seq. This act allows parties to sue for a judicial declaration in order to declare and to settle their rights and obligations. 88. To the extent that Howell is sued by a third party seeking damages due to flooding caused, in whole or in part, by the Defendants’ improper design, construction, ownership, maintenance, control, supervision and inspection of the Pine View Estates Basin and drainage system, the Defendants should be liable for these damages rather than Howell. 89, Howell is entitled to a declaratory judgment that the Defendants, rather than Howell, are responsible for damages to the property of third parties due to flooding caused, in whole or in part, by the Defendants’ improper design, construction, ownership, maintenance, control, supervision and inspection of the Pine View Estates Basin and drainage system. 7004459-19 12/19/2019 9:51:38 AM Pg 17 of 18 Trans ID: LCV20192336866 HEREFORE, Plaintiff HOWELL TOWNSHIP, demands judgment against the Defendants WALL TOWNSHIP, HOWELL PROPERTIES, LLC, PINE VIEW ESTATES, LLC, DANIEL WERBLER, CREST ENGINEERING ASSOCIATES, INC., and PINE VIEW ESTATES HOMEOWNERS ASSOCIATION, INC. for declaratory judgment and costs of suit, and any other remedy this Court deems just. REQUEST FOR PERMISSION TO VIEW PREMISES PURSUANT to R. 4:18-1, Howell hereby demands that its agents, legal representatives, and experts be permitted entry upon the premises located at Pine View Estates, Howell Township, County of Monmouth, State of New Jersey, within forty-five (45) days from the service of this Complaint for the purpose of inspecting and/or photographing the area of the defective Basin and drainage system. IRY DEMAND PLEASE TAKE NOTICE, that the plaintiff, pursuant to R. 4:35-1, demands a trial by jury as to all issues. DESIGNATION OF TRIAL COUNSEL PURSUANT to R. 4:25-4, the Court is hereby advised that David A. Clark, Esq. is hereby designated as trial counsel in the above matter. GluckWalrath LLP Attorneys for Plaintiff, Howell Township By:__s/David A. Clark David A. Clark Dated: December 19, 2019 18004459-19 12/19/2019 9:51:38 AM Pg 18 of 18 Trans ID: LCV20192336866 RULE 4:5-1 CERTIFICATION Thereby certify that there are no other proceedings either pending or contemplated with respect to the matter in controversy in this action. I further certify that no other parties who should be joined in this action. GluckWalrath LLP Attomeys for Plaintiff, Howell Township By:__s/David 4. Clark David A. Clark Dated: December 19, 2019 RULE 1:38-7(c) CERTIFICATION Thereby certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). GluckWalrath LLP Attorneys for Plaintiff, Howell Township By:__s/David A. Clark David A. Clark Dated: December 19, 2019 19