$1 Million Memphis the Pit Bull Lawsuit Dismissed
Judge rules Lexus Project, group that filed lawsuit against township, does not have ownership of the dog
A judge threw out Friday a $1 million civil action lawsuit against the township of Bloomfield that would have brought Memphis the pit bull one step closer to being adopted.
Judge Walter Koprowski dismissed the suit, filed by the Lexus Project on behalf of dog trainers Jeff and Diana Coltenback, after he ruled the Lexus Project did not have legal ownership of Memphis.
The Lexus Project, a non-profit legal defense organization for dogs, had asked in its lawsuit that Memphis be placed in the care of Robin Mittasch, a trustee and co-founder of the project, Bloomfield Life previously reported. The suit also requested an injunction prohibiting the township from euthanizing, selling or transferring the dog.
"It seems to me that in order for the trust to have standing, there has to be an ownership right. And there is no ownership right … that can be proven," said Koprowski in general equity court Friday morning.
Memphis, a stray dog found in Bloomfield in February, has been in the control of Neighbor to Neighbor Network, a volunteer branch within the Department of Health and Human Services, since September.
The pit bull has been at the center of a months-long battle between the township's Board of Health and Coltenbacks after the dog was taken away from the dog trainers. Memphis had been ruled unadoptable for now after undergoing evaluations by dog behavioral experts.
According to Jones, Memphis is being held in South Dakota, though details on his condition and exact location are not known. Until now, the pit bull's whereabouts had not been disclosed.
Steve Martino and Ronald J. Ricci, the attorneys for Bloomfield township and the Board of Health, respectively, had asked the lawsuit be dismissed because the town has no control over the health department, an autonomous entity.
"The township has no jurisdiction over the dog, health department or animal shelter," said Ricci.
After the hearing, Martino said the dog will remain at the current facility until it is trained to be adoptable.
Jones said further legal action may be pursued for the Coltenbacks to adopt Memphis. But she said she feared the pit bull could be euthanized now without an injunction to protect him.
The Coltenbacks, as well as a handful of Memphis supporters wearing gray and red "Save Memphis" tee shirts, were present in the general equity court for the 50-minute hearing Friday morning.
Jeff Coltenback said he felt "disappointed but not discouraged" by the judge's ruling Friday and vowed to continue to fight for Memphis.
"I've been speaking up for dogs for forever. This one (Memphis) obviously is a lot different," he said fighting back tears. "It's not going to stop us. This is my life. It's what I do – dogs are my life."
Karen Banda
6:34 pm on Friday, November 9, 2012
"The township has no jurisdiction over the dog, health department or animal shelter," said Ricci.
Seriously? Then why is the Board of Health recruited and approved by the mayor and council? Where does the money come for running the Health Department and the animal shelter in addition to paying salaries and perks for the likes of Lore and Fitzpatrick and their staff? What a joke. A sad, sick, twisted joke.
concernedcitizen
8:43 pm on Saturday, November 10, 2012
You REALLY need to get a life
Kathy mackin
6:34 pm on Friday, November 9, 2012
:(:(:(
Karen Banda
6:34 pm on Friday, November 9, 2012
I'd like to remind the taxpayers of Bloomfield that this waste of our money, which will continue because Jeff and Diana will not give up on Memphis, is the fault of one person in town hall: Karen Lore. All she had to do was allow the Coltenbacks, both experiences pit bull owners and master dog trainers, to adopt Memphis. But no. She dug in her heels. Jeff and Diana did what they felt they had to do and we all support them. The people we don't support are Karen Lore, the Board of Health and its attorney. This sad situation will continue and will waste more of our hard earned money. Do the town and BoH lawyers care? of course not! In addition to their retainers they get extra money in these situations. They are unlikely to counsel Lore and her gang to just allow the Coltenbacks to adopt Memphis. Where is the mayor and the council in all of this? Still hiding behind the BS that the Health Department and BoH are autonomous. It's nothing but a scam. They nominate and vote on BoH members and fund the budget for the Health Department. They vote on Director and Health Officer hires. How can a group of volunteers with NO HEALTH BACKGROUND run a township, taxpayer funded Health Department and answer to no one?
concernedcitizen
8:43 pm on Saturday, November 10, 2012
again, go find a worthy cause to fight about, we are tired of listening to you,
Dee Vazquez
10:35 pm on Friday, November 9, 2012
Please let Memphis live! Have him trained and surrounded by people who will love him. He deserves to have a life.
Kathie miller
12:22 pm on Saturday, November 10, 2012
I DO NOT WANT AN AUTONOMOUS ENTITY IN MY TOWN C HOW POWER GETS ABUSED! WE NEED TO GET RID OF THAT! ! Supporters being intimitated ! U mayor and town council should put a stop to that! U are our elected officials! Stop the corruption in blfd! Attorney gen should b notified! Still supporting jeff! Ur doing ur residents dirty blfd! I c it in the meetings! Time for a change!!!!!!!!!!
concernedcitizen
8:43 pm on Saturday, November 10, 2012
The state sets the board, not the tonwnship, you people need to read your laws
Ronnie Salmanowitz Breitstein
12:22 pm on Saturday, November 10, 2012
LET MEMPHIS LIVE!!! THIS WOMAN MUST ENJOY KILLING ANIMALS IF SHE CAN LET HER EGO STAND BETWEEN KNOWLEDGABLE TRAINERS WHO ARE WILLING TO OWN AND TAKE RESPONSIBILITY FOR A POOR BABY WHO HAS DONE NOTHING WRONG!!! IF YOU DO NOT UNDERSTAND ANIMAL BEHAVIOR GET A NEW JOB!!!
Stacy
12:22 pm on Saturday, November 10, 2012
Evil is running through that town.. seriously, why on earth would anyone go to such extreme measures to keep this dog away from the Coltenbacks, when they've proven themselves over and over again.. sad sad sad...
concernedcitizen
8:43 pm on Saturday, November 10, 2012
The dog apparently does not live here. go to SD and ask for him
emiliac
2:46 pm on Saturday, November 10, 2012
WHAT IS WRONG WITH OUR SOCIETY?
I do not know that Memphis has ever attacked a child BUT, the fact remains Memphis had been ruled unadoptable for now after undergoing evaluations by dog behavioral experts.
Now CONSIDER A PEDOPHILE also deemed NOT ABLE TO BE REINTEGRATED into society.
Let's make it real sympathetic: this pedophile has 90 year old parents in debilitated health as a consequence of Hurricane Sandy.
I question whether the animal lovers (and I like animals) would advocate for the reintegration of proven dangerous individuals,those who present a threat to children, back into society because ?????
I am not getting it.
Why not just relocate to South Dakota to be with Memphis ? Is this the best way to spend tax dollars? There are children waiting for adoption! This is a bit much.
NJQUEEN
8:43 pm on Saturday, November 10, 2012
emiliac, your analogy is completely wrong, Memphis, if adopted by the Coltenbacks will spend the rest of his life with someone experience who will make sure he is not a threat to society. Pedophiles, my friend, are sent back to live among us with no accountability. About children, yes it is sad, there are many to be adopted, Our society, in a first world country, were people are educated, and informed about the consequences of bringing an unwanted child into this world, are still behaving like Memphis' mom. That why I have to side with the "dogs", people however should know better.
All4Pets
2:06 pm on Tuesday, November 13, 2012
What government says and what is fact is ... Surprise NOT the TRUTH!!! Memphis is not dangerous and proof of that he is, is in the lack of published findings by so called evaluations. There is too many city officials every where throwing their power around just because they can. ** If a dog is dangerous well then I would certainly not want it release in to the public. Also not sure what your point is with "consider a pedophile" things because they are released in to public everyday, some with supervision some not so much. But, the reality is Memphis is NOT a "dangerous dog."
All4Pets
2:06 pm on Tuesday, November 13, 2012
Oh yes one more thing. Not everyone CAN adopt or WANTS to adopt a child. It is a HUGE responsibility that not everyone is capable of taking on.
Blfd Girl
8:43 pm on Saturday, November 10, 2012
wow! For Real Blfd?? this wreaks of hidden info on the part of the town! Why guys? Why are you so Hell bent on making such an example out of Memphis and the Coltenbacks? What was it about "this dog" and "this family" that threatened you so much? Did you feel inferior to someone with knowledge on the breed? you should! and I tell you something...I don't believe Memphis was transported all the way to SD! I think it's just more lies...I just pray that he is being taken care of, being treated with dignity and trained as promised..BTW, when do we get an update on his progress?? Or are you waiting for this to blow over? it's not going to! I'm afraid we might just see this town erupt like a volcano over it!! I think it's close to the boiling point now!!
concernedcitizen
8:43 pm on Saturday, November 10, 2012
To Emiliac, I agree with you the people of this town did not have signs on their yards for the president, they had signs about a dog. Don't get me wrong I love animals, but seriously there are more important things to worry about. We don't worry who are kids talk to or even who they talk to or confide in. check out your township employees, see the kind of people they hire, and you worry about an animal, you don't worry about who sees your personal information. Maybe you should change your ideas, apparently this dog is no longer in NJ so what can NJ do? give it a rest, it is the holidays,
Karen Banda
8:20 pm on Sunday, November 11, 2012
Here's the deal, concernedcitizen: it's not "just" about a dog named Memphis. It's about abuse of power. It's about one person's ability to manipulate the system and cost the townships taxpayers countless thousands/millions of dollars for her own personal agenda. Its about one person taking an irrational and unsubstantiated stance backed by the very body she supposedly reports to but which, in reality, rely on her for all of their information because they are only volunteers who meet once a month to theoretically oversee a township department with a $1million+ budget in addtion to Ms. Lore being in charge of a so-called non-profit 501(c)3 organization known as the Neighbor-to-Neighbor Network which supposedly raises money to help homeless shelter animals but which has been used for other purposes which fit her agenda. You and the rest of the township need to get a clue and understand what is really behind this.
jojo
8:43 pm on Saturday, November 10, 2012
"After the hearing, Martino said the dog will remain at the current facility until it is trained to be adoptable." Isnt that what Jeff was trying to do all along?
As to emiliac ????????
kathie miller
8:20 pm on Sunday, November 11, 2012
This all started out about a dog but now its about abuse of power and corruption in town it has opened up alot of questions and no signs for prez neither one of them are worth anything but the memphis sign is a sign of what needs to be investigated in bloomfield ! What state are they going to send the other 2 dogs with issues to? Yes concerned citizens u should be concerned about how the town and boh are handling memphis and the shelter cause from the looks of things around town their not handling our whole town very well! I grew up in blfd with liptons and a center people enjoyed coming to now look at it! Now our schools are overcrowded and south jr high is falling a part! The college buys up stores in center their tax exempt who do u think is gona suffer with higher taxes? So yes people should be concerned about memphis he's the poster boy for a town going down the drain!
Pat Gilleran
8:20 pm on Sunday, November 11, 2012
It is now known that the Bloomfield Board of health and neighbor-to_neighbor Network have taken people's donations and have used them to incarcerate memphis in South Dakota of all places.
If you have donated to Neighbor-to-Neighbor did you know that your donations have been used to keep a dog from being adopted by a certified bahavior specialist that has volunteered to sign anything to keep Bloomfield from liability. That over 45,000 people have signed a petition for. That The neighbors of jeff and Diana who want to adopt Memphis have testified for at Town Council meetings.
A donation to neighbor-to-neighbor is a donation to POWER and SPITE!
Pat Gilleran
8:20 pm on Sunday, November 11, 2012
ps- to concernedcitizen
The Mayor and Town Council appoint the Bloomfield Board of health - the state of NJ has no say in who is appointed.
jojo
11:30 am on Monday, November 12, 2012
Concerned citizen, we are all allowed to pick and choose our issues, so if you don't care so much about the Memphis issue, stop reading and pick an issue where you might be of help.
concernedcitizen
2:06 pm on Tuesday, November 13, 2012
Ms. Gilleran, yes the Mayor and Town Council appoint members to ALL the Boards including the one or ones you are on and claim to be the vice chair of which you are not. and you are telling the people that their donations were used to put the dog in JAIL (that is what incarserated means I believe) locked up. so after three people have stated that the dog needs more training to become adoptable, you are willing to put the Township in jepordy by releasing the dog and if the dog hurts someone, who will you blame, the township for letting the dog go or the coltenbacks. A donation is a donation to be used as the charity organazation feels it should be used not how you think it should be used.
Karen Banda
6:31 pm on Tuesday, November 13, 2012
concerned, if you knew your facts you would know that they did not say the dog needed "more training to become adoptable". They said he has a couple of minor issues which are easily redirected and that Memphis is a "soft" dog and no worse than any other dog walking around town on a leash or in a dog park. That last is from Jim Crosby, the last person to assess Memphis. He also agreed that the Coltenbacks are the perfect type of home for Memphis as they are both breed experts, master trainers and behaviorists and have their own rescue, called up regularly by other towns to help with problem dogs. It is only Karen Lore and the Board of Health who have taken the stance that Memphis is a "dangerous dog" (a label that only a court can attach, by the way and not people with absolutely no experience or qualifications in animal behavior). As for the NTNN, the girl gang fundraisers insist every penny goes to help the animals at the shelter and that clearly is not the case with Memphis and paying the travel and other expenses for a 3-day training session in the Open Paw Program which, by the way, they were the only ones to benefit from it. Karen Lore is the president of NTNN, Paula Peikes (Manager of Human Services) is VP and fundraising chair Bonnie Taboadella is a trustee. Let's see, what's the definition of conflict of interest?
concernedcitizen
2:06 pm on Tuesday, November 13, 2012
Kathie miller, South Junior is not owned by the Board of Ed or the Township, if you have a problem with it, go to the people who own the property.
As for the college buying up proplerty and the tax payers having to cover the taxes lost by that, what do you think happens when OPEN SPACE Fund buys property and the Township looses that property, that is just more money the tax payers have to put out of their pocket. Really people pick and choose, let this town propsper instead of becoming the rat hole you apparently want to live in.
then lets look at lion Gate, the resolution that was passed for emenent domain for OPEN SPACE, that property was owned by someone paying taxes on it, now if the to Township takes it over, the tax payers eat up more money from their pocket. I for one do not make the money to keep reaching in my pocket everytime you people want more open space in this town.
Karen Banda
6:31 pm on Tuesday, November 13, 2012
This is the civil service job description for the Animal Attendant Supervisor, which is the position currently held by Kathleen Georgevich. I do not see the required two years of experience in the feeding and care of animals in her resume which is required for this position.
Also, the job description states she may assist with the training of animals. Assist means that she may not train the animals by herself.
Why was she allowed to train Memphis?
Why is she making behavioral judgments on any animal in the shelter, when according to civil service she is NOT qualified to do so?
Why was civil service not notified that she had taken on the role of shelter manager?
Could it be that she is not qualified and the township intentionally failed to notify civil service of her job duties?
http://info.csc.state.nj.us/jobspec/05486.htm
NM observer
12:20 am on Friday, November 16, 2012
Wow..reading this and concerned citizen, sure sounds like a Karen Lore or one of her supporters. Not being from the town but have been following this from day one, seems to me the Mayor and town council are basking in the glow of stupidity. I don't believe this animal was transported legally. It's funny but as a past rescue owner when there was a case that went to court I was not allowed to take the animal out of state when there was a court case pending. Next county was allowed but not out of state. Reading the qualifications that were set up for being a person in her position, it absolutely does not look like she was qualified. She was not a trained and licensed animal trainer. That was truly evident. From the nasty comments I heard from your person named Fitzpatrick on the radio show he went on I am surprised this person has a job still much less a raise in pay. To concerned citizen I suggest you hang on to your hat because I don't believe this will go away for a long long time. Your remarks apparently are falling on deaf ears. I am part of the world that is watching..and there are more than just myself. This is more of a God Complex thing than a safety issue. Ms. Lore honestly does need help but I would not call it physical help, there seems to be mental issues on the part of herself and Fitzpatrick.
NM observer
12:20 am on Friday, November 16, 2012
http://www.njemployeerights.com/case-results/ Seems as though you have more problems than just Karen Lore
Karen Banda
12:36 pm on Friday, November 16, 2012
Karen Lore gets to negotiate with herself. You can't make this stuff up:
ww.facebook.com/photo.php?fbid=497216793633369&set=a.497216776966704.110161.485125288175853&type=1&theater
debbie sander
10:29 pm on Thursday, January 3, 2013
Can we get an update on Memphis?