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Cappolina vs. Franklin Township and Gloucestor County Preliminatry approval for $1.9M

Cappolina vs. Franklin Township and Gloucestor County Preliminatry approval for $1.9M

Case: Cappolina vs. Franklin Township and Gloucester County, Docket No.: GLO-L-1289-21

Total Amount Recovered
$ 0

NEW JERSEY SUPERIOR COURT GRANTS PRELIMINARY APPROVAL TO $1.9 MILLION
SETTLEMENT IN CLASS ACTION CALLENGING CONSTITUTIONALITY OF FRANKLIN
TOWNSHIP VACANT AND ABANDONED PROPERTY REGISTRY PROGRAM

On November 21, 2024, the Hon. Benjamin D. Morgan of the New Jersey Superior Court (Gloucester County) granted preliminary approval to a proposed $1.9 million class action settlement in the matter of Cappolina vs. Franklin Township and Gloucester County, Docket No.: GLO-L-1289-21, a case which alleged that the Vacant and Abandoned Property Registration Program (โ€œVAPโ€) formerly operated in Franklin Township violated New Jersey law. Specifically, the class action complaint in Cappolina alleged that the program fees of between $500 and $5000 a year greatly exceeded the costs of operating the program and thus were an unlawful revenue raising measure for Franklin Township and Gloucester County. In addition, the complaint alleged that the program was also unlawful because most of the property owners who were forced to pay such fees had merely fallen behind on their mortgages and had never actually abandoned or vacated their homes.

Judge Morgan appointed Stephen P. DeNitiis of DeNittis Osefchen Prince, P.C. and Michael Galpern of Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, P.C. to act as Co-Counsel for the class of Franklin Township property owners who paid fees due to the program. Mr. DeNittis stated that his firm has now filed suits challenging similar VAP programs in Bellmawr, Berlin Borough, Deptford Township, Mt. Holly, Glassboro, Gloucester Township, Hamilton Township, and Pennsauken Township. As to the preliminary approval of the proposed settlement in the Franklin Township case, Mr. DeNittis stated:

โ€œWe are happy about the preliminary approval of the proposed settlement and that Franklin Township residents will get relief for the damages they have suffered. The entire stated purpose of such VAP programs was merely to keep track of abandoned and vacant properties. The way the Franklin Township program and other similar VAP programs were operated in the past, however, was tantamount to a โ€˜taxโ€™ on people who were least positioned to afford it i.e. people who fell behind on their mortgages. Making matters worse, most of the people who get imposed these fees were still living in their homes the whole time. We hope to get similar relief for the home owners in the other towns where we are challenging similar VAP programs.โ€

Judge Morgan set a date for a final public fairness hearing on the proposed $1.9 million settlement in the Cappolina case for February 7, 2025, at which Franklin Township residents and others can be heard. For more information about the settlement and how to file a claim go to https://www.FranklinTownshipVPRPClassaction.com

Case Litigators

Stephen DeNittis, Managing Partner at DeNittis, Osefchen, Prince, P.C.
Photo of Joseph Osefchen of DeNittis, Osefchen, Prince, P.C.

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