In the Matter of Dolan

Edward Dolan (defendant) was the municipal attorney for the borough of Carteret. Carteret implemented a federally funded urban-renewal program in 1971, which established the Carteret Redevelopment Agency (the agency). The agency had separate legal counsel from Carteret. In April 1971, the agency accepted a proposal from Gulya Brothers Redevelopment Corporation (Gulya) for the construction of townhomes. In November 1971, Gulya obtained final zoning approvals from Carteret for the townhome redevelopment project. Approximately six months later, Dolan took over representation of Gulya to assist with mortgage financing. At this time, Dolan also represented the mortgage company involved in the sale of Gulya’s townhomes. During the closing transactions for the sale of the townhomes, Dolan regularly represented both Gulya, as the seller, and the purchaser-mortgagors. Dolan’s representation in this capacity typically lasted for a number of weeks. The purchaser-mortgagors were not informed of Dolan’s dual representation until the day of closing, at which time they executed waiver forms acknowledging their consent. A complaint was filed against Dolan with the Middlesex County Ethics Committee, which issued its report to the court. The court directed the Central Ethics Unit (plaintiff) to file a petition for an order to show cause.