Arena v. Borough of Jamesburg

The opinion of the court was delivered by

SKILLMAN, J.A.D.

This is an appeal from the dismissal of a complaint on the ground the entire controversy doctrine bars the action because plaintiff voluntarily dismissed a prior action which rested on the same factual allegations.

Plaintiffs complaint alleges that he organized a public rally in front of the Borough of Jamesburg municipal building to protest a substantial increase in municipal sewer rates. As part of the protest, plaintiff planned to bum his sewer bill and to encourage other participants to do the same. The Chief of Police informed…