The discoveries also prove that the Wharton State Forest and Liberty State Park are State parks under the jurisdiction of DEP. The September 27, 2007 petition notes that the City of Jersey City Planning Board filed a civil suit identical to Waterford's suit against RBC against a private white-owned corporation with regard to Liberty State Park. The published case is entitled Jersey City v. Department of Environmental Protection, 227 N.J. Super. 5 (App. Div. 1988). The Appellate Division, in agreement with the Office of the New Jersey Attorney General, dismissed the suit filed against the white developer because the Jersey City Planning Board lacked jurisdiction and standing. The Appellate Division further stated, "Generally, local zoning and planning regulations cannot affect the State's authority to carry out public functions for the benefit of all the people of the State, especially on the State's own land."
"The Wharton State Forest is the largest tract of land owned by the State of New Jersey, covering portions of three counties--Atlantic, Burlington and Camden Counties," Donald McMeans, founder and president of RBC said. "It was acquired and is regulated to secure the public health and welfare; the double standard is obvious."
The petition filed by RBC's supporters and investors cites United States Supreme Court decisions, which state that a court cannot proceed at all with any case for which the court lacks jurisdiction. The petition mentions numerous State laws that deprive courts of the power to hear and decide cases like the RBC and Jersey City cases. Therefore, the petition concludes that the courts could not proceed in the action against RBC and the decision in the Jersey City case is binding and conclusive in the RBC case.
The petition claims that the court has an independent and mandatory duty under New Jersey Court Rules 4:6-7 to dismiss the original action against RBC and to nullify all subsequent proceedings and judgments.
Reverend Morris K. Baxter, pastor of the Cathedral of Love Church in Willingboro, New Jersey, says, "The RBC case reveals the other side of racial profiling, involving selective and arbitrary enforcement of laws against Black people. The RBC case highlights the selective nonenforcement of the laws and reaffirms the lingering vestige of the infamous decision in Dred Scott v. Sanford when the United States Supreme Court declared that the Black man has no rights that the white man is bound to respect." Rev. Baxter continued, "The key words are 'bound to respect."
" I am shocked by the failure of Governor Corzine to take immediate corrective actions as he is required to do under the New Jersey Constitution," stated Dr. Khemfoia D. Padu of Englewood, New Jersey. "It appears the Governor also believes that he is not bound to respect the rights of Black people."
Joyce Abrams, president of Markias, Inc., located in Willingboro, New Jersey, said, "There can be no other reason for the Governor's behavior. A child looking at the Jersey City case and the RBC case can see the bias and corruption. How can the Governor and the Commissioner of DEP honestly claim that they don't see it?"
For more information or for an interview, contact Donald McMeans, 609-410-0656.
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