Liggon-Redding v. Willingboro Township

351 F. App'x 674
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 28, 2009
DocketNos. 08-1802, 08-1803
StatusPublished
Cited by1 cases

This text of 351 F. App'x 674 (Liggon-Redding v. Willingboro Township) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liggon-Redding v. Willingboro Township, 351 F. App'x 674 (3d Cir. 2009).

Opinion

OPINION

PER CURIAM.

Plaintiff Elizabeth Liggon-Redding appeals the District Court’s orders dismissing her three complaints. We have consolidated her two appeals for disposition and will affirm the District Court’s order of July 17, 2007 in (06-cv-3129). We will vacate the Court’s orders of March 7, 2008 in (06-cv-3129) and (07-cv-1863) and remand for further proceedings consistent with this opinion.

I.

An understanding of the complicated nature of the plaintiffs appeals requires a review of the background circumstances. Tyrone Redding is a disabled veteran of the Vietnam War. He receives compensation from the Department of Veterans Affairs (“VA”) which is payable to his mother Marlene Redding, who the VA has entrusted as his fiduciary. As a disabled veteran, Mr. Redding is also entitled to a property tax exemption under New Jersey law. See N.J.S.A. 54:4-3.30(a).

In 1977, Mr. Redding married plaintiff. They lived in property located at 82 Hamilton Lane in Willingboro Township, New Jersey.

Title to the 82 Hamilton Lane property had been transferred from Edgar Robin[676]*676son to “Elizabeth House [the plaintiffs former name] in trust for Stewart A. Lig-gon, JR.” on October 31,1977.

On January 19, 1998, plaintiff conveyed the title to “T. N. Redding [her husband], Etux.” Plaintiff stated in the District Court that she transferred the property to Mr. Redding “so we could get the [veteran’s] property tax exemption.”

Willingboro Township’s Tax Assessor, William R. Tantum, denied Mr. Redding the tax exemption for several years on the basis that he had not established that 82 Hamilton Lane was his domicile. Tantum justified his decision with evidence that Mr. Redding spent a considerable amount of time at his mother’s home in Pennsylvania.

The tax dispute was finally resolved when the Superior Court of New Jersey, Appellate Division, held that Mr. Redding was entitled to the exemption. See Twp. of Willingboro v. Redding, No. A-5356-05T1, 2007 WL 250379, at *2 (N.J.Super.Ct.App.Div. Jan.31, 2007).

During the pendency of the tax case, the Reddings stated that they were going to sell the 82 Hamilton Lane premises,1 and they indeed conveyed it on June 30, 2006.

On July 16, 2006, plaintiff filed suit in the District Court. Her complaint, docketed at (06-cv-3127), named Fidelity National Title, Congress Title Division, the closing agent for the sale of the property; its parent company, Fidelity National Title Insurance Company; and Key Properties GMAC Real Estate, a real estate agency involved in the transaction, as defendants. She asserted that the Hamilton Lane property was sold without her consent and that she was defrauded into signing documents. She also claimed the right to $10,000 in an escrow account established at the settlement of the property. In a later proceeding before the District Court, plaintiff admitted that her husband received the proceeds of the sale of 82 Hamilton Lane and that Mr. Redding gave that money to the plaintiffs son Stewart.2

The District Court dismissed the complaint in (06-cv-3127) for lack of subject [677]*677matter jurisdiction. Liggon-Redding v. Cong. Title, No. 06-3127, 2007 WL 432985, at *1 (D.N.J. Feb.1, 2007). On appeal, we dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). Liggon-Redding v. Cong. Title, 229 Fed.Appx. 105 (3d Cir.2007).

The present appeals involve three suits that plaintiff subsequently filed in the District Court. In the amended complaint filed at (06-cv-3129), Willingboro Township and Tantum are named as defendants. Plaintiff alleges that she and her husband were deprived of quiet enjoyment of their home because the Township and Tantum’s alleged discriminatory acts in attempting to collect taxes caused Mr. Redding to sell their house against her wishes.

The plaintiffs complaint at (07-cv-1863) asserted a RICO3 claim pursuant to 18 U.S.C. §§ 1961-1968 against Anthony Bal-boni, Linda Huller, Tahir Zaman, Kristine LaPointe, Charles Wexton, Esq., and Oren Klein, Esq. According to the complaint, Balboni, Huller, and Zaman are employed by Key Properties; LaPointe and Wexton are employees of Congress Title; and Klein misrepresented himself as an attorney for Key Properties. Plaintiff alleges that these defendants committed numerous acts of fraud in connection with the sale of the family home, “enlisted Willing-boro Police Officers to Harass, Frighten, and Threaten [plaintiff] into not pursuing Justice,” and “have all gotten together to try to cover up their ongoing fraudulent and illegal activities.”4

Her final complaint, which was originally entered in the District Court’s docket at (07-cv-1890) and subsequently consolidated with her suit at (06-cv-3129), asserted a RICO claim against Willingboro Township; Tantum; Willingboro police officers Landry, Kueny, and White; as well as numerous John Doe defendants. According to the complaint, the Township, Tan-tum, the named police officers, and the Doe defendants committed a series of wrongful acts against plaintiff and her family.

The District Court dismissed the plaintiffs amended complaint that was filed at (06-cv-3129) for lack of standing. Her complaints that were originally entered in the docket at (07-cv-1863) and (07-cv-1890) were dismissed as a sanction pursuant to Fed.R.Civ.P. 41(b)5 because the plaintiffs failure to comply with numerous Rules of Civil Procedure and court orders in prosecuting her complaints warranted “the extreme sanction of dismissal.”

II.

In deciding to impose the sanction of dismissal of the plaintiffs complaints that [678]*678were filed at (07-cv-1863) and (07-cv-1890), the District Court considered the Poulis factors. See Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir.1984). But a Rule 41(b) “[dismissal is a harsh remedy and should be resorted to in only extreme cases.” Mindek v. Rigatti, 964 F.2d 1369, 1373 (3d Cir.1992) (quoting Marshall v. Sielaff, 492 F.2d 917, 918 (3d Cir.1974)). All doubts should be resolved in favor of reaching a decision on the merits. See Briscoe v. Klaus, 538 F.3d 252, 257 (3d Cir.2008).

The plaintiffs abusive language and failures to heed helpful suggestions have sorely taxed the patience of the District Court, whose restraint has been commendable. Nevertheless we prefer to address the merits in this case rather than impose sanctions.

The plaintiffs complaints at (07-cv-1863) and (07-cv-1890) contain two types of claims. The first consists of RICO claims. A necessary element of a cognizable RICO claim where the collection of an unlawful debt is not alleged is the presence of “a pattern of racketeering activity.” H.J. Inc. v.

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351 F. App'x 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liggon-redding-v-willingboro-township-ca3-2009.