Politics & Government

Court Extends Union Catholic Restraining Order, Allows Batting Practice

The judge allows the school to hold batting practice inside an enclosed bullpen and permits coaches to hit ground-balls in the infield.

Union County Superior Court Judge John Malone issued a preliminary injunction against  on Tuesday. The order both extends and modifies a temporary restraining order he granted June 8 that prohibited the Scotch Plains school from playing or permitting baseball games on the field it renovated in 2009. 

The restraining orders follow a lawsuit filed by Rajul and Sachin Shah, of 4 Dutch Lane, represented by attorney Marc Rogoff, who allege that since the field was renovated more baseballs than ever before have been flying into their backyard, threatening their lives and property. Union Catholic administrators and the school’s attorney, Bill Butler, dispute the Shahs’ claims. 

At the Union County Courthouse in Elizabeth, Malone said he agreed with the Shahs' claim that "there is an imminent harm, an imminent danger of foul balls landing in the yard on a nearly daily basis," and added that fear of being struck by a ball has impinged on the family's use of its property.

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Hence, he granted the Shahs' request for a preliminary injunction – the middle step between a temporary restraining order (issued as a short-term remedy for emergencies) and a permanent injunction, which can only be ordered after a full trial.

Malone, however, also "tweaked" the restraining order: Union Catholic may now hold or permit batting practice inside the enclosed bullpen that is located on the baseball field's first-baseline, and the school can hold or permit infield ground-ball practice so long as only coaches hit the balls. Neither activity would put the Shahs at risk of being struck by an errant foul ball, Malone said. 

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Union Catholic assistant principal and baseball coach Jim Reagan said that baseball practice for the school's three American Legion summer-league teams will begin Wednesday.

Check back later for our full story on Malone's ruling.

To read our three-part series on the legal fight between Union Catholic and its residents, . To read the accompanying editor's note, .


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