The state Supreme Court has declined to hear an appeal from former Morristown Mayor Donald Cresitello, whose candidacy previously was rejected by the Morris County Clerk and two courts that determined he resides at the Shore.
“So that’s that. We’re done,” Cresitello, 75, said on Wednesday, declaring “the people of Morristown are the losers here.”
Cresitello attempted to mount an Independent bid to unseat Tim Dougherty, 63, a Democrat running unopposed for a fourth term. He changed his voting registration from Manasquan to Morristown last November, a year ahead of the election, and presented addresses of friends, rentals and his local contracting business as proof of his domicile.
Morris Clerk Ann Grossi, Superior Court Assignment Judge Stuart Minkowitz, a state appellate panel and, now, the New Jersey Supreme Court, were unpersuaded.
In a brief to the high court, Grossi attorney Kirstin Bohn accused Cresitello of trying “to weave together the same threadbare tapestry of purported intent and multi-location couch-surfing into a tenuous claim of residency and condone what can only be described as modern-day carpet-bagging.”
Cresitello’s residency initially was challenged by the Morris County Democratic Committee.
“They agreed with us. He lives at the beach,” county Democratic Chairman Chip Robinson said on Wednesday.
Morristown Green also reached out to to Mayor Dougherty for comment. This story will be updated with his response..
In his petition to the Supreme Court, Cresitello attorney Alan Zakin argued “fundamental fairness” demanded that “the voters of Morristown, not the Morris County Democratic Committee or a ministerial body, should be able to decide the fate of Don Cresitello’s candidacy for Mayor.”
In Superior Court, Zakin even compared his client to Richard Kreimer, a homeless man who made national headlines by suing Morristown’s library and police department.
A court recognized Morristown park benches as Kreimer’s domicile back in the 1990s, and the same should apply to couches where Cresitello has slept this year, the lawyer told Judge Minkowitz during a virtual hearing.
Cresitello commended Zakin, and blamed his legal defeats on “factual errors” by Grossi.
“Do you think I would have spent all that money to do this if I wasn’t committed to this town?” said Cresitello, who served for 32 years as a Morristown councilman and mayor before shifting to his Shore home after Dougherty defeated him in the 2009 Democratic primary.
Cresitello subsequently ran for Manasquan’s council, but did not win. He has been sharply critical of Dougherty, whose wife was charged in state a pay-to-play investigation and given probation.
“I did what i could do to bring to light issues I thought should be publicly discussed. I put my money where my mouth is. I’m convinced Morristown needs a change. This person has been there too long unsupervised,” said Cresitello.
He declined to disclose his legal tab. Whatever the cost, he would not rule out future campaigns in Morristown.
“I don’t know what the future will bring,” Cresitello said.
