Nidia Lopez can remain a Jersey City council member for the time being, but an appeal of the recent court decision is being filed with an answer expected soon.
State Superior Court Judge Maurice Gallipoli ruled a week ago Friday that Lopez’s residency issues were not sufficient to force her to give up her new seat on the council. However, he did say that her actions with regard to her residences in both Jersey City and Florida were “inexplicable.”
A lawsuit filed against her claimed that Lopez’s primary residence is in Florida, where she owns a residence. The suit said that she had not paid New Jersey income taxes for several years while filing federal taxes in Florida.
In the Dec. 4 ruling, Gallipoli stated “none of [her] actions, whatever the motivation for them, is excused or condoned by the decision.”
“They are ‘things’ that are done unfortunately, day in and day out, by any number of people for any number of reasons.” – Judge Maurice Gallipoli
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Lopez said on Monday that she was “thankful” to her attorney, William Northgrave, as well as to Judge Gallipoli and even “God.” She also apologized to her constituents for “any discomfort” the legal proceedings may have caused.
Northgrave issued a statement Monday afternoon about the decision:
“Factually and legally, it had always been clear that Councilwoman Lopez lived in Jersey City. We are happy that Judge Gallipoli, in a strong, well reasoned opinion, sustained Ms. Lopez and the people who voted her into office on the first ballot. Councilwoman Lopez can now continue serving her constituents without this unnecessary and unwarranted distraction.”
Appeal to be filed
However, Raymaker’s attorney, Diana Jeffrey, said she was filing an “emergent appeal” or an appeal on an expedited basis of Gallipoli’s decision. She said she hopes the state Appeals Court will hear the case and give a decision before the end of the year.
Raymaker issued a statement through Jeffrey that states in part, “Ward C voters deserve a representative that is fully committed to serving our interests – not someone who avoids her own taxes while raising ours … I call upon Nidia Lopez to do the only decent and honorable thing and resign for the good of Jersey City.”
Making a judgment call
Gallipoli based his 16-page decision on the testimony given by Lopez on Oct. 26 in State Superior Court in Jersey City.
Lopez was questioned by Raymaker’s other attorney, Howard Myerowitz, about not paying income taxes in New Jersey from 2000 to 2008. She gave answers such as she “did not realize” she had to pay her income taxes to New Jersey. She also admitted to voting by absentee ballot in a 2003 Florida election, only conceding the action after she was confronted with the evidence in court.
Lopez’s attorney, William Northgrave, presented numerous documents to the court to argue that she lives in Jersey City and not Florida. The documents included her New Jersey voter registration. The registration was filed since she returned to live at the Corbin Avenue address where she currently resides with her husband, Hudson County employee Ben Lopez.
Gallipoli said the evidence presented in Lopez’s legal defense “confirm[s] some of the ordinary criteria of domicile.”
A criticism
However, Gallipoli did take a shot at Lopez’s activities both in New Jersey and in Florida by noting: “While the many things Lopez did or failed to do since returning to New Jersey in 2001 are inexplicable and may implicate possible violations of civil and/or criminal law here and/or in Florida, they are ‘things’ that are done unfortunately, day in and day out, by any number of people for any number of reasons, running the gamut from the dumb to the negligent to the criminal, regardless of residence.”
Attorney Jeffrey said she was not “surprised” by Gallipoli’s decision. She felt he missed the point they raised about having domiciles in both New Jersey and in Florida.
“You can’t have two feet in two places at the same time,” Jeffrey said.
Ricardo Kaulessar can be reached at rkaulessar@hudsonreporter.com.