New lawsuit pending on high school issue
BY JESSICA SMITH Staff Writer

MONROE - While school officials breathe a sigh of relief after surmounting various obstacles involved in getting the new high school built, there may be a new one on the horizon.

Richard Walling, a vocal opponent of the high school being located in a section of Thompson Park, filed a federal lawsuit Nov. 16 against state and local officials.

"This is a matter of importance to Native Americans across the country," Walling said. "This is a matter that state officials have completely chosen to ignore."

Centering on the idea that the high school site was formerly home to the Leni Lenape Bethel Mission Settlement, the suit claims that Walling's constitutional rights to due process and equal protection under the law have been violated, as have federal and state laws and regulations. It also alleges misconduct on the part of some officials.

"The ultimate goal is to preserve Bethel Indian Town," Walling said. "It is my right to use the judicial process to see that justice and rule of law is followed in Monroe Township and New Jersey."

Walling is seeking $5 million in compensatory and punitive damages.

In the suit, Walling names officials at the state Department of Environmental Protection (DEP) and Historic Preservation Office (SHPO) as defendants along with several county and township officials.

Walling, formerly of East Brunswick and now of Warrensburg, N.Y., has long asserted that the historic Native American settlement stood on the future site of the new high school. He nominated the site for inclusion on the state and national registers of historic places.

Earlier this month, the National Congress of American Indians passed a resolution at its annual conference to support the nomination of the Bethel Settlement to the state register of historic places.

The archaeological firm of Richard Grubb and Associates interviewed Walling as part of their phase one investigation of the site early this year, and later concluded that the settlement had been located elsewhere.

Though a 3.6-acre portion of the original 35-acre site in question was designated as historic by SHPO, the majority of the artifacts found there were of European, not Native American, origin, they stated.

As part of the state's Section 106 process for historic sites, a full investigation of potential impacts is supposed to be conducted prior to any undertakings performed there. Walling is alleging that officials did not fulfill that process.

"They have failed to comply with the regulations under state law and federal law," Walling said. "They totally ignored Section 106."

Walling alleges that his nomination of the property for the historic registers did not receive fair consideration, and due process was not followed.

Aside from his allegations regarding the site, Walling has more personal issues with some officials. He is accusing both Monroe Township Council President Gerald Tamburro and Board of Education member Amy Antelis of publicly making false, scurrilous statements about him at meetings.

"They were defamatory and untrue," Walling said.

Tamburro opted not to comment on the suit or Walling's claims. Antelis said she never made such statements.

"Honestly, I have no clue what he's talking about," Antelis said. "I've never even discussed him at a public meeting."

The lawsuit claims that several other officials conspired to defame him at a public meeting.

The lawsuit is awaiting assignment of a docket number, at which time it will be served to the numerous defendants, Walling said. Walling plans to represent himself in court. Though he is not an attorney, he expressed confidence in his abilities, citing cases won against South Brunswick Township and its zoning board, and the New Jersey Turnpike Authority.

"This is going to take many, many months," Walling said. "An injunction will most likely be sought. The law is the law, whether they're used to following it or not."