PLT letter to PB chair re subpoena 091626

PAULL. TRACTENBERG ATTORNEY-AT-LAW & LEGAL CONSULTANT 96 SULLIVAN DRIVE WEST ORANGE, NJ 07052 973-879-9201 PAULLTRACTENBERG@GMAIL.COM September 16, 2026 Dr. Robert Bagoff, Chairperson West Orange Planning Board Township of West Orange 66 Main Street West Orange, New Jersey 07052 Re: PB-26-03 — Crestmont Country Club Request for Issuance of Subpoena Duces Tecum Dear Chairperson Bagoff: I am an interested party/objector in the above-referenced application. I respectfully request that you exercise the subpoena authority expressly conferred upon the chair of the West Orange Planning Board by the Municipal Land Use Law and the West Orange Land Use Regulations and issue a subpoena duces tecum requiring Crestmont Country Club, Inc., and/or the appropriate custodian or representative having possession, custody or control of the records identified below, to produce those records sufficiently in advance of the next substantive hearing on PB-26-03 to permit their review by the Board and interested parties. I. AUTHORITY FOR ISSUANCE OF THE SUBPOENA The authority to issue the requested subpoena is explicit. N.J.S.A. 40:55D-10(c) provides that the officer presiding at a municipal land-use hearing, or that officer's designee, has the power to administer oaths and issue subpoenas compelling the attendance of witnesses and production of relevant evidence, including witnesses and documents presented by the parties. It further makes the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., applicable. West Orange has incorporated that authority directly into its own Land Use Regulations. West Orange Code §25-48.4(b) provides that, in accordance with the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq.: