Hightstown Borough Hall.JPG
File photo of Hightstown Borough Hall.
(David Karas/The Times)
HIGHTSTOWN — A four-year-long lawsuit between a sitting councilman and the borough was finally settled last night, though it was to the dismay of council members and residents.
The borough will pay Councilman Rob Thibault a $200,000 sum to settle the lawsuit he filed in 2011, after judges ruled he was unfairly pulled over and ticketed by a borough police officer during his unsuccessful mayoral campaign in 2010.
“The borough undertook a strategy that could only be described as trying to bleed me dry,” Thibault said today, referring to a series of appeals the borough had filed during the process. “It seemed intentionally designed to cost me as much money as possible with the intent to make me give up.”
Thibault said that at least 70 percent of the settlement would go toward legal bills racked up during the legal battle, with the remainder going toward his daughter’s college fund.
Although the council was unanimous in approving the settlement — Thibault recused himself from voting on it — council members indicated that the four “yes” votes were cast under protest.
“My vote ‘yes’ doesn’t mean that I approve,” Council President Susan Bluth said. “Based upon the advice of counsel, this is something we need to enter into.”
“I would hope this is the last time we ever see a sitting council person sue the borough,” Councilwoman Denise Hansen said.
In August 2010, police Sgt. Ben Miller — then a detective — pulled Thibault over and ticketed him for driving on a suspended license based on a traffic ticket issued in North Carolina of which he was unaware. The North Carolina ticket was later revealed to have been issued in error, the license was restored and a North Carolina judge expunged all charges.
In October 2012, a judge ruled that Miller had targeted Thibault, who advocated consolidating the Hightstown and East Windsor police departments, by specifically running his motor vehicle history and writing the wrong court date on Thibault’s ticket in hopes that he would be arrested for missing the hearing.
Thibault also reached a separate private settlement with Miller, settled last month for a “fraction” of the borough lawsuit amount, Thibault said.
Some residents at the council meeting on Monday were critical of Thibault’s lawsuit and the effect it would have on taxpayers.
“That’s the borough portion of 70 houses paying property taxes,” South Main Street resident Jeffrey Bond said. “This will be borne by our taxpayers and insurance company, and we all know that too many claims means a huge increase. ... Why did Mr. Thibault undertake and ultimately succeed in his effort while touting budget constraints?”
“Who is really held accountable in this unfortunate situation?” council candidate Walter Sikorski asked. “We the people who pay the property taxes are faced with paying the bill.”
But resident Pat Duncan offered his support for Thibault’s lawsuit and the settlement given the nature of the situation.
“The person who did this was clearly motivated by political reasons, and that officer was promoted. That’s why you get sued, so you don’t do that sort of nonsense in the future,” Duncan said. “There wasn’t anybody else who could sue the borough. (Thibault) was the only one who had standing to do so, and somebody needed to sue the borough.”
Contact Mike Davis at (609) 989-5708 or mdavis@njtimes.com.
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