DUI Lawyer Wayne, NJ
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DUI Lawyers in Wayne, NJ

New Jersey has some of the toughest laws in the country regarding drunk driving, specifically driving while intoxicated (DWI) or driving under the influence (DUI). Notably, there's a strict prohibition against plea bargaining to reduce DWI charges. A first-time conviction for drunk driving can result in hefty fines, a possible jail sentence of up to 30 days, and a 90-day suspension of your driving privileges, not to mention additional financial repercussions that can linger.

If you find yourself arrested for driving under the influence, prepare for mandatory license suspension, the potential for jail time, and a staggering minimum of $6,575 in fines and surcharges if convicted. If your insurance company catches wind of the conviction, you may have to pay significant premium increases over the next three years

The truth is that New Jersey's courts are notoriously harsh on people arrested for DUI and DWI. The penalties are substantial and can have a lasting impact on your freedom, work, and life as a whole. Fortunately, working with a quality DUI lawyer - like Edward G. Appel - can help prevent serious charges from going on your permanent record.

Edward G. Appel, Esq.

Since 1988 Edward honed his litigation expertise serving as a defense attorney in Criminal Cases, DUI/DWI and traffic matters.

His distinguished courtroom seasoning will benefit his clients as Edward focuses on criminal defense litigation. He has handled thousands of cases and is well versed in motion practice with years of trial experience. His philosophy of being well prepared has served him well over the years and is a testament to his work ethic and diligence. Email: eappel@southjerseydui.com

 DUI Defense Wayne, NJ

The DUI Lawyers in Wayne, NJ, You Can Trust

Did you know that getting a DUI conviction in New Jersey means that you'll have that charge on your record for everyone to see? We're not just talking about friends and family. We mean loan officers, college officials, and prospective employers - people and entities that can help set you on a pathway to success in life. For that reason alone, it's absolutely essential to have a seasoned DUI attorney by your side who can fight for your rights when it's time to go to court. That's where DUI attorney Edward G. Appel comes in.

Many law firms in New Jersey view DWI cases as just another item on their agenda. At our firm, however, it's a primary focus. Unlike those where DWI matters are handled by generalists, we have built a dedicated department solely for DWI cases, staffed with highly trained attorneys who are passionate about this area of law.

This level of specialization isn't just a talking point. It reflects our commitment to providing clients with the strongest defense possible. By leveraging advanced training and a thorough understanding of New Jersey DUI laws, our team is ready to fight your DUI charges and pursue the best possible outcomes for your case.

At the end of the day, our goal isn't to lecture you or judge your actions. Our goal is to defend you and your rights with reliable, aggressive advocacy so you have a real shot at reclaiming your life. Some of the most common situations we help clients overcome include:

 DUI Attorney Wayne, NJ
 Criminal Defense Lawyer Wayne, NJ

DUI Defense in New Jersey

There are several methods to challenge a DWI charge, so facing this accusation does not necessarily lead to a conviction. Attorney Edward G. Appel will examine the specifics of your case to identify the best approach to defend your rights and safeguard your freedom.

DUI Penalties in New Jersey

Receiving a DUI conviction can lead to significant repercussions, irrespective of whether it's your first offense or a subsequent one. The best way to mitigate the risks of jail time, fines, license revocation, and other penalties is to contest your charge with the assistance of a skilled DUI attorney in Wayne, NJ.

 Legal Representation Wayne, NJ
 DUI Case Help Wayne, NJ

DUI Charges Involving Drugs in New Jersey

Being charged with DUI can happen if you're impaired by illegal substances, prescription medications, or even over-the-counter drugs. These situations tend to be complex, so having a skilled attorney is essential to effectively contest the charges.

DUI Penalties in New Jersey

A DUI conviction can lead to significant repercussions, whether it's your first offense or if you've been charged before. The best way to avoid penalties such as jail time, fines, and license suspension is to contest your DWI charge with the assistance of a skilled attorney.

 DUI Defense Lawyer South Jersey Wayne, NJ
 DUI Consultation Wayne, NJ

DUI Field Sobriety and BAC Tests in New Jersey

Authorities use several types of tests to ascertain whether a driver is under the influence. These tests consist of field sobriety tests, breath analysis, and blood examinations. However, the outcomes of these evaluations can sometimes be misleading. Edward G. Appel has the expertise to recognize and demonstrate the inaccuracies in these results to protect your freedom.

What Happens After You're Arrested for a DUI in New Jersey?

Most people feel anxious and frightened after getting arrested for DWI because they are uncertain about what comes next. It almost feels like you're about to hike Dey Mansion Washington's Headquarters near Wayne, NJ without the proper climbing gear. That's why it's so important to understand what to anticipate following a DUI arrest - so you can prepare yourself. The initial step in the legal process is the arraignment, which is a court session that occurs soon after your DUI arrest. At this session, the judge will outline the charges that have been brought against you and give you a summary of the penalties you might face. A significant number of traffic cases are settled with plea agreements, but prosecutors are prohibited from providing these arrangements in DUI cases.

That means you have two options: You can plead guilty and face the full penalties of a DUI conviction, or you can plead not guilty and continue to fight for your rights. There is a chance that your charges could be dropped before the trial, but this usually occurs only if there are significant weaknesses in the prosecution's evidence. The judge in your case will decide the outcome after both parties have presented their evidence. Instead of going through this complicated legal process by yourself, call a New Jersey DUI lawyer like Edward G. Appel. It could mean the difference between years of hardship and a clean record.

DUI Lawyer Wayne, NJ

Understanding DUI Charges in New Jersey: Criminal vs. Traffic Offenses

In New Jersey, driving under the influence (DUI) is categorized as a traffic violation, though the consequences of DUI charges are severe. However, a license suspension is not mandatory for all offenders. First-time offenders arrested with a blood alcohol content (BAC) level under 0.15% may avoid suspension if they quickly install an ignition interlock device (IID) in their personal vehicle. Other potential penalties associated with a DUI conviction can include community service, fines, and, in certain situations, imprisonment. Depending on the circumstances of your case, working with experienced DUI attorneys in Wayne, NJ, can help you avoid some or all of these punishments.

You may also be charged with DUI if you operate a vehicle while under the influence of any intoxicating substances, regardless of whether they are illegal, prescribed, or available over the counter. The specific type of drug is irrelevant; what matters is your impairment and inability to drive safely.

If convicted of a drug-related DUI, you could face:

  • A license suspension of 7 to 12 months
  • Up to 30 days of incarceration
  • Fines and surcharges exceeding $3,500

A second conviction may result in a jail sentence ranging from 2 to 90 days and a 2-year suspension of your driver's license, along with increased fines and surcharges.

 DUI Defense Wayne, NJ

Here's What to Expect After Your 1st DUI Charge in New Jersey

Many individuals charged with DUI believe that they will receive leniency if it's their first offense, but this is not always true. First-time offenders may incur significant fines, up to 30 days of incarceration, and the compulsory installation of an ignition interlock device (IID) in their vehicle. Penalties increase for first-time offenders with a BAC of 0.10% or more at the time of arrest.

As mentioned above, these individuals face a longer mandatory IID installation period, larger fines, and the potential for jail time. First-time offenders will also experience a rise in their auto insurance premiums after their arrest. The State of New Jersey takes DUI offenses seriously, even for those encountering it for the first time.

 DUI Attorney Wayne, NJ

Here's What to Expect After Your 2nd DUI Charge in New Jersey

It doesn't take a graduate from PCTI STEM Academy in Wayne, NJ to know that getting a second DUI is bad. Defendants who are charged again within 10 years of a prior conviction face increased penalties for a second DUI offense. They may be fined up to $1,000 and must serve at least 48 hours in jail, with a maximum of 90 days. Additionally, a second conviction can lead to 30 days of community service, a one-to-two-year license suspension, and two to four years of mandatory ignition interlock device (IID) use. These consequences, along with higher insurance rates, can significantly affect a repeat offender's life.

 Criminal Defense Lawyer Wayne, NJ

Here's What to Expect After Your 3rd DUI Charge in New Jersey

The court has the authority to impose stringent penalties on individuals with two or more DUI convictions within the past decade. If a person is found guilty of DUI for the third time in a 10- year span, the court may sentence them to 180 days in jail along with a $1,000 fine. Those convicted for the third time will lose their driving licenses for a duration of 8 years.

The court may also require these offenders to install an ignition interlock device for a period of two to four years after their driving rights are reinstated. Because third-time offenders are categorized as high-risk drivers, they will likely face significantly increased auto insurance rates. These individuals should anticipate an extra $1,500 surcharge on their auto insurance each year for three consecutive years. Given that these penalties can have a serious impact on both personal and professional aspects of life, it is crucial to contest the charges with help from a skilled DUI attorney like Edward G. Appel.

How Do DUI Lawyers in Wayne, NJ, Help with DUI Cases?

Hiring a well-respected DUI lawyer often has a major impact on your case's outcome. Great attorneys will get started immediately by taking a deep dive into the particulars of your case. They'll look for issues with the prosecution's evidence, such as:

  • Did on-scene officers follow protocol when storing samples and administering chemical tests?
  • Did officers have a valid reason for pulling you over to begin with?
  • Are the results from your chemical tests reliable?

If not, a lawyer can expose these concerns, potentially resulting in the dismissal of the charges. These are just a few examples of how an attorney can challenge DUI charges for you.

At the law firm of Edward G. Appel, we thoroughly investigate every detail when defending our clients. In fact, our clients benefit from personalized attention, support, and a meticulously crafted defense that aligns with the specific details of their arrest. For instance, if you're arrested for DUI near The Wayne Museum in Wayne, NJ, our team can examine the scene, analyze the protocols police took, and interview witnesses. We're not satisfied until our lawyers have explored every potential defense strategy for your case. Through comprehensive investigation, negotiation, and, when required, litigation, we strive to achieve the best possible outcome for our clients.

Clients choose us not to simply enter a guilty plea but to robustly contest the charges against them. While no attorney can promise specific outcomes, we assure you that we will continue to advocate for you until you decide otherwise. We examine every detail of your case to ensure all necessary evidence is gathered and the right motions are submitted. There are motions available to suppress evidence if your constitutional rights were infringed upon during the stop, as well as motions to limit or dismiss evidence under particular conditions. Contact us today to evaluate your case. We are eager to help you, even if it's just to provide an initial consultation.

 Legal Representation Wayne, NJ

Top 3 Mistakes New Jersey Residents Make After a DUI Arrest

The steps you take following a DUI arrest can significantly influence your chances of successfully contesting the charges. Unfortunately, many individuals fall into common traps that can worsen their situation and negatively impact the outcome of their case. Here's a list of the three most common mistakes that people tend to make after being arrested for DUI.

 DUI Case Help Wayne, NJ
Failing

1. Failing to Hire Reputable DUI Attorneys in Wayne, NJ

When selecting a lawyer for a DUI case, you can consult your family lawyer, seek a recommendation from a friend, or find a local attorney. The biggest thing to remember is that you should hire an attorney who understands DUI law and has a solid reputation in DUI defense. Legal issues can be complicated in New Jersey, which is why competent support is paramount. Presenting the right defenses at the right time is crucial; otherwise, you may lose those opportunities. Evidence can disappear, memories can fade, and witnesses may become unavailable. A case that seems winnable can quickly turn into a lost cause. Remember that failing to act is also a choice.

 DUI Defense Lawyer South Jersey Wayne, NJ
Downplaying

2. Downplaying DUI Consequences

Understanding the implications of a conviction is a key part of strategizing your defense and can influence your defense approach. Factors such as how your home state handles convictions, the impact of any previous offenses, whether you are a commercial driver or the potential effects on your employment should be explored with a DUI lawyer who is familiar with the possible repercussions of your unique situation.

 DUI Consultation Wayne, NJ
Pleading Guilty

3. Giving Up and Pleading Guilty

Anyone can choose to plead guilty. However, if you decide to challenge your DUI charge, you have a chance of winning. By pleading guilty, you forfeit that opportunity. There are many scientific and constitutional challenges that can lead to the dismissal of your DUI case. When you plead guilty, you give up your right to contest these issues and force the State to prove its case against you. It's important to check that your lawyer is well-equipped to spot the issues that could lead to a successful defense in your case

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DUI Lawyer Wayne, NJ
 DUI Defense Wayne, NJ

DUI Dismissals Start with Great DUI Lawyers in Wayne, NJ

Since 1988, Edward G. Appel, Esq. and his team of criminal defense attorneys have fought hard for the rights of clients just like you - men and women who have been charged with a DUI in New Jersey. Because the truth is that a DUI conviction can change your life in an instant.

Opportunities that you once had may be lost, sometimes forever. Having an experienced and dedicated defense attorney by your side can mean the difference between incarceration and dismissed charges or a diminished sentence. It's critical that you exercise your right to hire an attorney who can protect your freedom and defend you in court. Call the offices of Edward G. Appel to learn more about DUI law in New Jersey and to schedule your initial consultation today.

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Latest News in Wayne, NJ

$32M recreation trail opens over old train line from Pequannock to Wayne

Decades of planning, three years of construction and a $32 million grant laid the groundwork for the Pompton Valley Rail Trail, a 5.1-mile multi-use pedestrian and bicycle path running between Pequannock and Wayne.Representatives of the Morris County Park Commission and Department of Public Works, the Passaic County Board of County Commissioners and Pequannock Township gathered on May 29 behind Pequannock Town Hall to officially open the trail to the public.Paved over the former New York, Susquehanna & Wester...

Decades of planning, three years of construction and a $32 million grant laid the groundwork for the Pompton Valley Rail Trail, a 5.1-mile multi-use pedestrian and bicycle path running between Pequannock and Wayne.

Representatives of the Morris County Park Commission and Department of Public Works, the Passaic County Board of County Commissioners and Pequannock Township gathered on May 29 behind Pequannock Town Hall to officially open the trail to the public.

Paved over the former New York, Susquehanna & Western Railroad’s Greenwood Lake Branch rail line, the path runs from River Drive in Pequannock to Mountain View Boulevard in Wayne, near NJ Transit’s Mountain View Station.

Story continues below photo gallery.

The path, which includes entry points compliant with the Americans with Disabilities Act, was designed both for recreational use and for commuters seeking an alternative route to the train station.

“This project shows how transportation alternatives can reshape communities,” Chris Vitz, Morris County engineer and director of public works, said in a release. "Residents now have a safe, scenic way to walk or bike to the train station, helping reduce car traffic."

Construction began in 2022 and was funded by a $32 million federal grant administered by the North Jersey Transportation Planning Authority.

Nearly $11 million was spent on design and right-of-way purchases, and construction cost about $21 million, officials said. Construction began in June 2022.

Landmark bridge spans the Pompton River

Safety features added to the project include upgraded crossings with high-visibility signals, clear signage and tactile surfaces for visually impaired users. A landmark bridge spanning the Pompton River was among the final elements completed.

“This project not only connects folks to the Mountain View train station in Wayne, but also brings us one step closer to our vision for a much larger regional trail network,” said Passaic County Commissioner John Bartlett, who has been a member of the North Jersey Transportation Planning Authority board of trustees since 2013.

Morris County Park Commission Director Dave Helmer said he expects the path to attract 150,000 to 200,00 visitors a year.

“This new trail provides a safe and scenic way to walk or bike to the train station, cutting down on car traffic and helping everyone breathe a little easier," Morris County Commissioner Director Tayfun Selen said. "The 10-foot-wide paved path is fully accessible and has multiple entry points, allowing residents to step onto the trail right from their neighborhoods."

SFC-So. flag football final preview: Can No. 16 Wayne Val. repeat vs. No. 8 Bayonne?

One down. One to go.The Super Football Conference crowned a champion out of its North Tournament on Wednesday in top-ranked Ridgewood.On Friday, an SFC-South champion will be crowned, with defending champion Wayne Valley taking on unbeaten Bayonne.The chase for a second-straight sectional championship has seen Wayne Valley, the No. 16 ranked team in the NJ.com Top 20 rankings, get on a hot streak over the past few weeks.Wayne Valley has won four in a row, which includes its 21-20 double-overtime victory over No. 1...

One down. One to go.

The Super Football Conference crowned a champion out of its North Tournament on Wednesday in top-ranked Ridgewood.

On Friday, an SFC-South champion will be crowned, with defending champion Wayne Valley taking on unbeaten Bayonne.

The chase for a second-straight sectional championship has seen Wayne Valley, the No. 16 ranked team in the NJ.com Top 20 rankings, get on a hot streak over the past few weeks.

Wayne Valley has won four in a row, which includes its 21-20 double-overtime victory over No. 17 Paterson Eastside in the semifinals of the SFC-South Tournament.

No. 8 Bayonne, on the other hand, is one of the fastest rising teams across the N.J. girls flag football community in its first season on the gridiron.

Led by senior quarterback Janaya Meyers and a stellar defensive unit, Bayonne stands undefeated heading into its first sectional final.

How can Bayonne continue its undefeated roll to a first-ever sectional title? What does Wayne Valley need to do to knock off the Bees and repeat as champions?

Here’s a look at both teams heading into the SFC-South championship game. The winner will advance to the North/Central state tournament.

No. 16 Wayne Valley (8-2) at No. 8 Bayonne (9-0)| BRACKET

Head Coach: Andrew Imperatore (19-3-1 since last season)

Playoff Road

Offense: There is an array of talent at the skills position surrounding senior quarterback Delilah Morelli. Sophia Biroc, Taylor Tielemens, and Alexa and Sophia Benacquista are all capable of busting out for a big play when they get the ball in their hands. Biroc has two games this season with three or more rushing touchdowns. The junior tailback rushed for 78 yards and a touchdown in the SFC-South semifinal against Paterson Eastside.

Wayne Valley found itself down, 20-13, when it got its offensive possession during double overtime against Paterson Eastside in the sectional semifinal.

Morelli dropped a perfect nine-yard touchdown pass to Tielemens to bring the Indians within one point of a tie. Wayne Valley decided to go for the two-point conversion and the win. The move worked out swimmingly for Wayne Valley. Morelli fired a five-yard pass to the end zone that was hauled in by junior Anna Coppolecchia to send the Indians to the SFC-South championship for the second straight year.

Morelli had two touchdown passes in the sectional semifinal. The senior tossed eight touchdown passes in the sectional tournament last year to help Wayne Valley win the SFC-South title.

Defense: Six of Wayne Valley’s eight wins this season have come in a shutout. Dating back to last spring, Wayne Valley has shut out its opponents 15 times. When Wayne Valley scores two or more touchdowns in a contest, they are 18-1-1 over the last two seasons.

What to expect

Wayne Valley holds a championship pedigree you can’t overlook, especially after knocking off previously unbeaten Paterson Eastside in the SFC-South semifinals. They are also battle-tested this spring, with both of their losses coming in one-score games to No. 5 Elizabeth and No. 9 Newark Central. Expect Wayne Valley to keep itself within striking distance of Bayonne throughout the SFC-South final.

Head Coach: Tico Baret (9-0 in first season)

Playoff Road

Offense: Senior quarterback Janaya Meyers has steered the offensive ship for Bayonne all spring. Meyers stands with 1,916 total yards of offense from under center and has racked up 30 total touchdowns. Junior Tatyanna Watson is Meyers’ go-to target on the outside with 26 catches for 376 yards and seven touchdowns. Watson also has 257 yards and a touchdown out of the backfield for the Bees.

Sophomore Kimora Cooper is another key weapon to watch out for on the Bayonne offense, with her six touchdown catches this spring.

Defense: It’s no secret that a lot of Bayonne’s success this season has come from its stellar play on defense. Bayonne has recorded seven shutouts this season and has only allowed three touchdowns all season. Watson is the unit’s top tackler, while Meyers leads the team with seven interceptions.

What to expect

Bayonne has risen to the top of the state behind Meyers and its defense. There is the question of whether the Bees have been tested or not this season. The best offensive unit Bayonne has faced was back in its season-opener against Newark Central, which was without star wide receiver Serenity Muhammad. Bayonne allowed two touchdowns that game and saw freshman phenom Taylor Jones rush for 160 yards against them. That said, Bayonne as tigted the screws on defense since during its last eight games. If Bayonne can keep the Wayne Valley offense in check, Meyers has shown all season she can make plays to win a game.

Steven Bassin can be reached at SBassin@njadvancemedia.com. Follow him on X (formerly Twitter) @SBassin_Sports

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Mediterranean grocery store, selling hard-to-find brands, now open in Wayne

1-minute readNorthJersey.com0:000:51WAYNE — A new grocery store that specializes in Mediterranean delicacies has opened in the township.Viva Foods, in a former hair salon at 2252 Hamburg Turnpike, shares an address with an auto-repair shop and a massage parlor.It sells all-natural honeys, assorted pastas, herbal teas, olive oils and pickled vegetables.Many of its products are supplied by European brands that are hard to find at other neighborhood markets. They include ...

1-minute read

NorthJersey.com

WAYNE — A new grocery store that specializes in Mediterranean delicacies has opened in the township.

Viva Foods, in a former hair salon at 2252 Hamburg Turnpike, shares an address with an auto-repair shop and a massage parlor.

It sells all-natural honeys, assorted pastas, herbal teas, olive oils and pickled vegetables.

Many of its products are supplied by European brands that are hard to find at other neighborhood markets. They include Kadino frozen pastries from North Macedonia, Radenska mineral water from Slovenia and Schogetten bite-size chocolates from Germany.

It also stocks dairy items and refrigerator staples.

The grocery store posted on its Facebook page that it sells bacon, jumbo eggs and organic milk from Byrne Hollow Farm in Cortland, New York.

The market is part of an explosion of Middle Eastern establishments now open in Wayne.

Story continues below Facebook post.

In a little more than a year, the township welcomed a halal grocery store on Route 23 south and a restaurant serving traditional dishes from that region at Willowbrook Mall. Most recently, Dervish Turkish Restaurant opened its second location, connected to a hotel on Route 46 east.

Viva Foods also offers fresh loaves of bread delivered from Taskin Bakery & Café, a family-owned business on Hazel Street in Paterson.

The grocery store is open daily from 9 a.m. to 8 p.m. For the latest information about its merchandise on sale, visit its website at vivafoods.shop.

Philip DeVencentis is a reporter for NorthJersey.com. For access to the most important news in your community, subscribe or activate your digital account.

Email: devencentis@northjersey.com

Wayne district outsources after-school care program, with higher fees for families

WAYNE — Parents will pay more to put their children in an after-school program, while the K-12 district is saving hundreds of thousands of dollars by no longer having to subsidize it.The program at all nine elementary schools was outsourced to an Illinois-based company because the Board of Education faced a $7.1 million budget deficit, and privatization was identified as a way to address that shortfall....

WAYNE — Parents will pay more to put their children in an after-school program, while the K-12 district is saving hundreds of thousands of dollars by no longer having to subsidize it.

The program at all nine elementary schools was outsourced to an Illinois-based company because the Board of Education faced a $7.1 million budget deficit, and privatization was identified as a way to address that shortfall.

The district funded much of the operation to keep registration fees low for working families, and officials said they cannot afford to do that.

“It would mean more staffing cuts and more cuts to programs, which we don’t want to do,” said Lauren Kazmark, the assistant schools superintendent.

Trustees passed a resolution on April 24 to award a contract for before- and after-school care services to Right at School, which runs programs in at least 165 districts in 20 states.

The company was among five agencies that responded to a request for proposals. It will pay the district an annual rental fee of $300,000 plus a 15% share of revenue that it collects through the program, now with more than 1,000 students.

The district administration reviewed those proposals and recommended Right at School due to its flexible options, overall value and promise to maintain safety, among other factors.

Students spend their time in the current program by finishing homework, making arts and crafts, and playing table games.

The new program, called Right Club, will also include built-in homework time and group activities.

It also features an expertly designed curriculum — its trademarked Disguised Learning — to engage students in science experiments and songwriting competitions, the Right at School website says.

Story continues below photo gallery.

Families now pay $190 per month to have a single child in the district after-school program, called Wrap Up, every day of the week. An extra fee of $170 is charged for each sibling.

Under the privatized model, which begins in September, prices will increase to $298 per month for one student and to $268 for each additional student. The costs vary depending on how many days per week they participate and whether they attend the before-school program.

Officials said the costs are competitive with those at area school systems and far less than what the district would have asked for next year if privatization had not been considered.

But parents with children in the program said they were more concerned about the quality of care than its effect on their pocketbooks.

Jennifer Beesley, who enrolls a child at Theunis Dey School, cited news reports about alleged abuse by company employees.

Story continues below photo gallery.

“A sales pitch is one thing — their track record is different,” Beesley told the school board on May 1.

“I don’t think that our district should ask our teachers to do more with less if you’re not willing to do the same,” she added. “If you can’t do more with less, then please don’t do worse.”

Julie Lyon, the vice president of national partnerships for Right at School, said to trustees that the company would hire the same staff on the district payroll. The current program has 44 caregivers, plus breakfast assistants, door monitors and site leaders.

“We want them to be part of our program,” Lyon said of the employees. “That’s really important to us.”

Right at School will host a virtual forum for parents to learn about its program on May 19 at 6 p.m. To register, visit the district website at wayneschools.com.

Philip DeVencentis is a reporter for NorthJersey.com. For access to the most important news in your community, subscribe or activate your digital account.

Wayne Township Wins Appeal in Elevator Lawsuit with AvalonBay Communities

WAYNE, NJ – It turns out Wayne was right about the elevators at the new residential development currently being constructed on Valley Road Extension in Wayne, NJ. According to an appeals court ruling last week that overturned two previous lower-court decisions that went against the township, the Wayne Planning Board did not act in “’bad faith,” and previously paid court fines to AvalonBay must be returned to Wayne.Prior to receiving their approval to build this development, Wayne Township compelled AvalonBay Co...

WAYNE, NJ – It turns out Wayne was right about the elevators at the new residential development currently being constructed on Valley Road Extension in Wayne, NJ. According to an appeals court ruling last week that overturned two previous lower-court decisions that went against the township, the Wayne Planning Board did not act in “’bad faith,” and previously paid court fines to AvalonBay must be returned to Wayne.

Prior to receiving their approval to build this development, Wayne Township compelled AvalonBay Communities to install elevators in three of the smaller buildings which are part of this 15-building development. The township argued that the elevators were necessary for first responders who would need to get a gurney up to the top floors and then bring a suffering patient down the stairs.

AvalonBay dug-in after agreeing to installing elevators in two of the three smaller buildings but wouldn’t budge on the third elevator in Building E. So, Wayne Township attempted to force the issue by passing a resolution in early 2023 that would force AvalonBay to install that elevator.

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AvalonBay challenged the move in Passaic County Superior Court, calling it a “stealth resolution,” and argued it breached the settlement agreement and reflected bad faith.

They won, which invalidated the supplemental resolution, struck the elevator requirement for Building E, and awarded the developer over $140,000 in attorney fees and delay penalties.

But Wayne Township still felt they were in the right and appealed.

On Thursday, the appellate court’s ruling was shared, and Wayne Township had won.

The appeals court found that "the assertion that the supplemental resolution was adopted without notice to Avalon does not, on its own, provide clear and convincing evidence to support a finding of bad faith.”

The appellate ruling restores the Planning Board’s requirement for an elevator in Building E and cancels the financial penalties previously awarded to AvalonBay.

The residential project, which looks like its almost fully constructed, is being contructed on either side of Barbour Pond Road at Valley Road Extension, with a townhouse complex (55 units) on the southern side and four multi-unit condo/apartment buildings on the northern side. The largest building (320 units – four and a half stories) on the northern side has four elevators and surrounds a four-story parking garage.

Three smaller buildings (C, D & E) will hold 98 units total and, because of the slope of the property, C and D will be four-and-a-half stories tall in the front and three-and-a-half stories in the back. Building E is an even three-and-a-half stories. The half-stories are due to lofts on the top floors. These are the buildings that Wayne Township forced AvalonBay to install elevators.

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