MIDDLESEX BOROUGH – The borough is suing Our Lady of Mount Virgin and the Diocese of Metuchen for $74,374 over a contract dispute which the borough has characterized as an act of "bad faith."

Middlesex Borough and Our Lady of Mount Virgin entered into a shared use lease agreement on July 1, 2017 for the borough to be able to use a portion of the parish center at 450 Drake Ave., according to the lawsuit, which was filed last year in Middlesex County Superior Court but is still ongoing.

As part of the agreement, Middlesex Borough paid $5,000 a month to Our Lady of Mount Virgin as rent beginning in July 2017 and ending in June 2018.

According to the lease, the borough would have access to all classrooms, the gym, playground, auditorium, stage, cafeteria, kitchen and offices, except those reserved for the church's use. In the lease, the church also offered closet space and agreed to provide a storage trailer outside for the borough.

From July to September 2017, though, representatives of the borough were denied access to the leased premises by the Rev. Patrick Kuffner, according to the lawsuit.

In its response to the lawsuit, the church and the Diocese of Metuchen denied the borough's allegations that anyone was ever denied access to the property by church representatives.

In September 2017, the borough was provided access keys to the church property, "but were still denied reasonable access by Father Kuffner, as he insisted the borough seek his permission and that he be present whenever representatives of the borough sought access," according to the lawsuit.

Once the borough was granted access to the premises, it became clear that "significant modifications and construction" would be needed to make the leased property compliant with the Americans with Disabilities Act.

The borough, according to the lawsuit, believes that this information was "purposely withheld" by Kuffner.

After the borough informed Kuffner of the necessary modifications, Kuffner persuaded the borough to stay in the lease, claiming that he would find a contractor to perform the work since the borough was unable to spend public funds on the private facility.

Despite multiple assurances from Kuffner, "very little, if any, work was performed to make the premises ADA compliant," according to the lawsuit.

Since the beginning of the lease, the borough was never able to use any of the parish center, the lawsuit said.

The borough, however, "spent considerable monies on additional improvements to the premises," including WiFi installation and electrical wiring, according to the lawsuit.

In April 2018, attorneys for the borough contacted the Diocese of Metuchen alleging a breach of contract. In addition, the borough is also alleging bad faith and unfair dealings.

The $74,374 the borough is seeking as a judgement from the church and diocese includes comprised lease payments and the cost of improvements the borough performed.

Anthony P. Kearns III, spokesperson and chancellor of the Diocese of Metuchen said the diocese "does not believe there is any merit" to the claims brought by Middlesex Borough and the diocese "intends to avail itself of a strong defense in this civil action."

In an unrelated matter to the lawsuit, Kuffner was accused of sexual abuse in 2018 by three people when they were minors more than 30 years ago.

Diocese of Metuchen Bishop James F. Checchio said Kuffner was placed on a leave of absence and the Rev. David Skoblow was tapped to serve as temporary administrator of the parish.

"In regard to the allegations against Rev. Patrick Kuffner, the criminal investigation is ongoing and allegedly involves an incident in Massachusetts, before he was a priest or in the seminary," Kearns said. "Nevertheless, as in all circumstances involving the protection of young people, the Diocese of Metuchen has been cooperating fully with law enforcement, in particular the Hampden County District Attorney's Office, which has jurisdiction over this matter."

Kearns said that the Diocese of Metuchen extends its prayers to the person who made these allegations and to all people who may have suffered abuse.

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"We remain committed and have taken significant steps to create safe environments in our parishes and our schools," he said.

Although originally represented by the law firm Bob Smith & Associates, Middlesex Borough is currently being represented Christopher Corsini of the Somerville-based law firm Savo Schalk.

It is unclear what Middlesex Borough intended to do with the leased space. Corsini did not respond to requests for comment.

Staff Writer Nick Muscavage is an award-winning watchdog reporter whose work spans many topics and has spurred the creation of a state law. Contact him: 908-243-6615; ngmuscavage@gannettnj.com; @nmuscavage.