Michael J. Fitzgerald

Michael J. Fitzgerald

Managing Partner
Location:
Linwood, New Jersey
Phone:
609-365-0036 (Local)
800-465-1307 (Toll Free)
Fax:
609-926-3104
Email:

Michael J. Fitzgerald is a principal in the Linwood, Atlantic County, Law Firm of Fitzgerald, McGroarty & Malinsky, PA. He resides in Northfield with his wife and daughter. He graduated magna cum laude and with College Honors from Rutgers University in 1974 with a dual degree in History and Political Science. He was elected to Phi Beta Kappa, as well as the History and Political Science Honor Societies. He continued at Rutgers to earn a Masters of Arts degree in government and his Juris Doctor degree at the same time.

   Mr. Fitzgerald joined what was then the firm of Previti, Todd & Gemmel in 1977 and has practiced continuously in Linwood, Atlantic County since that time. In 1991 he and other members of that firm left to form Nugent, Fitzgerald & McGroarty. With the appointment of William Nugent as Atlantic County Counsel in 2000 and his subsequent appointment to the Superior Court, the firm has continued as Fitzgerald, McGroarty & Malinsky and includes three attorneys. He has had substantial experience in advising and representing clients in real estate and business matters, as well as the preparing of wills and trusts and the handling of estates. His representation of various governmental bodies has provided him with extensive experience in local governmental law and procedures.

   He presently serves as solicitor for the following municipal bodies:

     • Borough of Folsom, 1999 - present;
     • Township of Galloway, 2012 - present;
     • Absecon Planning Board, 1982 - present;
     • Port Republic Planning Board (combined planning and zoning), 1980 - present;
     • Linwood Zoning Board of Adjustment, 2008 - present.

   In the past he has served as solicitor for:

     • Folsom Zoning Board of Adjustment, 1980-1985;
     • Folsom Planning Board, 1985-1999;
     • Galloway Township Planning Board, 1982-1987, 2004-2012
     • Hamilton Township Planning Board (assistant solicitor), 1991-1994;
     • Linwood Planning Board (alternate solicitor), 1991-2007;
     • Northfield Board of Education, 1981-1985;
     • Pleasantville Housing Authority, 1986-1989.
   He has represented clients in numerous trial court proceedings, as well as appeals to the Superior Court Appellate Division and the New Jersey Supreme Court. His reported municipal law decisions include:

     • Carley v. Borough of North Plainfield, 380 N.J. Super 240 (Law Div. 2005);
     • Valenti v. Planning Board of the City of Absecon, 244 N.J. Super 77 (App. Div. 1990);
     • In re Application of John Madin/Lordland Development, Planning Board of Hamilton
       Township v. New Jersey Pinelands Commission, 201 N.J. Super 105 (App. Div. 1985), 103
       N.J. 689 (1986);
     • Sukin v. Northfield Board of Education, 171 N.J. Super 184 (1979); and
     • Fine v. Galloway Township Planning Board, 190 N.J. Super 432 (Law Div. 1983).

   Mr. Fitzgerald is a member of the Atlantic County Bar Association. In addition, he is a member of the New Jersey Institute of Local Government Attorneys and has been published in its publication the Local Government Law Review. He has served as an Assistant Counsel to the New Jersey Planning Officials, an affiliate of the New Jersey League of Municipalities, and continues to serve as a lecturer for the organization’s programs on planning and zoning issues for board members, including presentations at the annual League of Municipalities Convention, and as an instructor for the State mandated training classes for planning and zoning board members. He was the recipient in 2001 of the Achievement in Planning Award from the New Jersey Planning Officials in recognition of his contributions to planning. He has served on the Board and as local counsel of the Atlantic County Chapter of the American Red Cross. He had been appointed to and served for two terms on the New Jersey Supreme Court District I Ethics Committee and was charged with investigating alleged attorney misconduct and when necessary prosecuting such misconduct.

Areas of Practice

  • Real Estate
  • Business Matters

Education

  • Rutgers University School of Law, Newark, New Jersey
    • Juris Doctor
  • Rutgers University - 1974
    • Honors: magna cum laude
    • Honors: With Honors
    • Honors: Phi Beta Kappa
    • Major: History
    • Major: Political Science
  • Rutgers University
    • M.A., Master of Arts
    • Major: Government

Representative Cases

  • Carley v. Borough of North Plainfield, 380 N.J. Super 240 (Law Div. 2005)
  • Valenti v. Planning Board of the City of Absecon, 244 N.J. Super 77 (App. Div. 1990)
  • In re Application of John Madin/Lordland Development, Planning Board of Hamilton
  • Township v. New Jersey Pinelands Commission, 201 N.J. Super 105 (App. Div. 1985), 103 N.J. 689 (1986)
  • Sukin v. Northfield Board of Education, 171 N.J. Super 184 (1979)
  • Fine v. Galloway Township Planning Board, 190 N.J. Super 432 (Law Div. 1983)

Classes/Seminars

  • Lecturer, Planning and zoning issues

Honors and Awards

  • Recipient in 2001 of the Achievement in Planning Award from the New Jersey Planning Officials

Professional Associations and Memberships

  • Atlantic County Bar Association
  • New Jersey Institute of Local Government Attorneys
  • New Jersey Planning Officials, Assistant Counsel

Past Employment Positions

  • Previti, Todd & Gemmel, 1977 - 1991