The Superior Court of New Jersey trial for the case of Roger McClarnon v. Steven B. Baglivo.
The central issue of the trial remains the zoning dispute over whether the defendant’s Margate Gardens apartment complex contains six or twelve units.
Docket: ATL-C-000089-24 originally scheduled for December 3, 2025, has been officially postponed.
The new trial date is February 6, 2026, with discovery period extended to January 14, 2026. This adjournment stems from a motion filed on November 17, 2025, by the defendant’s counsel, Louis M. Barbone.
The delay is attributed to two primary factors.
First, Mr. Barbone has a direct scheduling conflict, as he is also representing Atlantic City Mayor Marty Small, Sr. in a child endangerment trial with a firm start date of December 1, 2025.
Second, the defense has faced significant challenges in securing a qualified expert witness, having contacted five professionals, with three declining due to business relationships with the City of Margate and a fourth becoming unavailable.
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Case Overview
• Roger McClarnon, in his capacity as Zoning Officer for the City of Margate v. Steven B. Baglivo
• Superior Court of New Jersey, Chancery Division, Atlantic County
• Docket Number: ATL-C-000089-24
◦ Plaintiff: Roger McClarnon (Zoning Officer for the City of Margate)
◦ Defendant/Counterclaimant: Steven B. Baglivo. Counsel: Louis M. Barbone, Esq. of Jacobs & Barbone, P.A
Core Dispute: The case revolves around a disagreement over the number of legal units within the defendant’s property, the Margate Gardens apartment complex. The central question is whether the property is comprised of six or twelve units.
• Original Trial Date: December 3, 2025
• New Trial Date: February 6, 2026
• New Discovery End Date: January 14, 2026
Primary Factors Driving the Delay. The motion for adjournment was predicated on two significant and overlapping challenges faced by the defense team.
Counsel’s Scheduling Conflict. A non-negotiable scheduling conflict for defendant’s counsel, Louis M. Barbone, is a primary driver of the delay.
Conflicting Case: Mr. Barbone is counsel in the matter of State v. Marty Small, Sr. (Docket: ATL-24-2951-I), a child endangerment trial involving the Mayor of Atlantic City.
Firm Trial Date: Following a Case Management Conference on September 18, 2025, and a Pre-Trial Conference on November 12, 2025, the Small trial was assigned a firm start date of December 1, 2025.
Direct Overlap: This firm date created an unavoidable conflict with the Baglivo trial, which was scheduled to begin just two days later on December 3, 2025.
Difficulties in Securing Defense Expert Witness
Initial Outreach: The defense contacted four potential expert witnesses: Jon Barnhardt, Anthony Rodio, Joe Maffei, and Louis Schiedt.
Conflicts of Interest: Three of the candidates—Barnhardt, Rodio, and Maffei—all advised that they could not provide expert services due to existing business relationships with the City of Margate, the plaintiff’s associated entity.
