138-25 Resolution Continuing the Retention of Genova Burns LLC (002).pdf

138-25 May 6, 2025 RESOLUTION WHEREAS, on August 1, 2023, the Council adopted Resolution 266-23 authorizing the retention of Genova Burns LLC with regard to certain litigation captioned In re Township of West Orange, ESX-L-4687-23 pending before the Superior Court of New Jersey (the “Litigation”) up to a cap not to exceed $17,499 “without further approval by the Council”; and WHEREAS, on January 24, 2024, the Council passed an additional Resolution raising the Genova Burns LLC cap by $24,994.50 bringing the total to $42,493.50; and WHEREAS, on May 21, 2024, it appears the Council again raised the not to exceed by $25,000 bringing the total to $67,493.50; and WHEREAS, Genova Burns LLC has been paid a total of $66,774.75 to date with regard to the Litigation; and WHEREAS, on March 19, 2024, the Honorable Annette Scoca, Judge of the Superior Court, issued a thirty-three (33) page ruling wherein the Court preliminarily enjoined the Township Council from taking any action with regard to the legal services being performed by Richard D. Trenk, Esq., Township Attorney, and his law firm; and WHEREAS, on March 26, 2024, the Township Council declined to adopt a Resolution to end the litigation in the matter captioned and make the preliminary injunction a permanent injunction; and WHEREAS, the Township Council appealed the preliminary injunction; and WHEREAS, the Appellate Division denied the Township Council’s appeal of the preliminary injunction; and WHEREAS, on May 7, 2024, in new business, the Township Council voted 3-2 to continue the Litigation; and