apmaterialfacts

Under the landmark New Jersey Supreme Court standard established in B.W. King, Inc. v. Town of West New York, 49 N.J. 318 (1967), a public entity is entirely stripped of all governmental sovereign immunities, public safety protections, and licensing shields the exact instant it enters the open market to operate a commercial real estate venture under a 99-year master commercial leasehold for the Paramount Theatre.

In the regulatory and ethical jurisprudence of New Jersey, a licensed Attorney cannot present one version of reality in a pleading logged on Court Record and then deliver the diametrically opposite factual layout to a State Administrative Agency to process a compliance file . These facts are locked in on record.

FRAUDULENT CONCEALMENT OF MATERIAL FACTS

The NJ Supreme Court recognizes Fraudulent Concealment as a separate tort action. Tartaglia v. UBS PaineWebber, Inc., et al., 2008 WL 5274869 (N.J. Supreme Court, December 16, 2008).

In a PRECEDENTIAL DECISION, the Superior Court, Appellate Division, in Catena v. Raytheon Company, et al.,(August 18, 2016), held that the Discovery Rule applied to common law fraud claims (Fraudulent Concealment) as well as fraud claims under New Jersey's Consumer Fraud Act (CFA) even if discovered 17 years afterwards and filed 20 years later.

The Catena Court emphasized that the discovery rule "is designed to avoid harsh results that otherwise would flow from mechanical application of a statute of limitations." A party may not benefit from its own fraudulent conduct. Joe D'Egidio Landscaping, Inc. v. Apicella, 337 N.J. Super. 252, 257 (App. Div. 2001).

The Inescapable Proprietary Landlord Capacity Bar (B.W. King): Under the landmark New Jersey Supreme Court standard established in B.W. King, Inc. v. Town of West New York, 49 N.J. 318 (1967), a public entity is entirely stripped of all governmental sovereign immunities, public safety protections, and licensing shields the exact instant it enters the open market to operate a commercial real estate venture under a 99-year master commercial leasehold.

The B. W. King Standard wipes out ALL IMMUNITY including the public safety PRETEX -- under a contract dispute Court Docket!

The unmasked scheme shows City Executives and their Legal Branch used Title 59 Immunity to Evade Judicial Accountability for ultra vires acts in defiance of the March 2004 Judicial Mandate and July 2004 Court Order!

In the case Platinum Links Ent v Atlantic City Surf Pro Baseball Club 2002. 3rd Circuit United States District Court, the Hon Judge Joseph E. Irenas noted that the City's attempt to block the show was based on a "dislike of the message" and an unfair stereotype of rap fans. The ruling emphasized that Officials could not single out rap music for cancellation while allowing other genres.

NJLAD; Using "public safety" as a justification to cancel or restrict a specific genre of music (like rap) after the police and venue has already approved security measures for the event is discriminatory. It is a pretext for bias against the artists, promoter(s) and the audience.

Equitable Estoppel - Equitable Tolling

In the Catena appeal, the Appellate Division's decision reinforces the equitable nature of the Discovery Rule in New Jersey. The Court emphasized that the Discovery Rule "is designed to avoid harsh results that otherwise would flow from mechanical application of a statute of limitations."

In the context of FRAUD ESPECIALLY, "the victim's lack of awareness of the fraud is the wrongdoer's very object. The rule thus prevents the Defendant(s) from benefiting from his own deceit."