Court Issues Mixed Ruling in Mary Jacobs Foundation Dispute
Nicholas Mistretta
ROCKY HILL, NJ – The ongoing legal dispute surrounding the Mary Jacobs Foundation, formerly the Mary Jacobs Memorial Library Foundation, took a new turn last week with a summary judgment issued on September 8, 2025, in Somerset County Chancery Court. The case, filed under Docket Nos. SOM-C-12057-23 and SOM-C-12078-23, involves the Borough of Rocky Hill, nonprofit group Save the MJL, several individual plaintiffs, the State of New Jersey, and the Mary Jacobs Foundation itself.
The court considered motions for summary judgment from multiple parties, including the plaintiffs—represented by Brian E. Kasper of Stark & Stark, P.C.—the State of New Jersey via Deputy Attorney General Thomas J. Swan, and third-party defendants represented by Franklin Barbosa Jr. of Schenck, Price, Smith & King, LLP. The Mary Jacobs Foundation, represented by Keith A. Loughlin of Inglesino Taylor, opposed the motions, and the plaintiffs also requested the appointment of a receiver for the Foundation, which was similarly opposed by MJF.
In its ruling, the court granted plaintiffs’ motion for summary judgment in part and denied it in part, while denying the request to appoint a receiver and denying the State’s motion for summary judgment. Specifically, Counts Three and Five of the First Amended Counterclaim were dismissed with prejudice, removing these particular challenges to the Foundation’s actions from the litigation.
What Was Dismissed: Counts Three and Five of the First Amended Counterclaim
Count Three:
- Challenged certain actions by the Mary Jacobs Foundation, alleging mismanagement or deviation from the Foundation’s original mission.
- Decision: Dismissed with prejudice, meaning this claim cannot be raised again in this case.
Count Five:
- Questioned the Foundation’s authority to make financial or operational decisions without oversight.
- Decision: Also dismissed with prejudice, narrowing the legal arguments in dispute.
Implications:
- With these counts dismissed, the scope of the plaintiffs’ claims regarding the Foundation’s governance and use of assets has been reduced.
- Remaining claims still move forward, meaning key questions about the Foundation’s future operations and responsibilities are yet to be resolved.
Background of the Dispute
The Mary Jacobs Memorial Library has long been a cornerstone of the Rocky Hill community. Established through the generosity of Mary Jacobs and her family, the library was supported for decades by the Mary Jacobs Foundation, which provided financial assistance to maintain the building and its programs.
In recent years, however, the library was closed as part of a broader consolidation effort by the Somerset County Library System. The closure sparked concern among residents and community advocates, who questioned how the Foundation—renamed the Mary Jacobs Foundation, Inc.—would fulfill its charitable mission without an active library in Rocky Hill.
That concern led to litigation. In DOCKET NO. SOM-C-12057-23 and SOM-C-12078-23, plaintiffs including the Borough of Rocky Hill, the nonprofit Save the MJL, and several residents—Helen Morris, Walter J. Bradhering, Adele Batchelder, William K. Hallman, and Thomas D. Bremner filed suit against the Foundation. They argue that the Foundation has strayed from its original purpose and that its assets should remain tied to the Rocky Hill community.
The State of New Jersey, Office of the Attorney General is also a defendant, reflecting the state’s oversight role in matters involving nonprofit governance and charitable trusts.
What Is the Mary Jacobs Foundation?
The Mary Jacobs Foundation, Inc. (formerly the Mary Jacobs Memorial Library Foundation) was created to support the Mary Jacobs Memorial Library in Rocky Hill.
The library, established through the generosity of Mary Jacobs, opened in 1974 and served for decades as both a library and community hub. The Foundation’s mission was to maintain the building and provide resources for programs that benefited Rocky Hill and surrounding towns. When the Somerset County Library System consolidated services and closed the Mary Jacobs Library in 2022, the Foundation’s role became less clear. Its building is no longer operating as a public library, yet the Foundation still holds assets originally intended to support that purpose. That uncertainty has sparked a legal battle. Community members, including the nonprofit Save the MJL and the Borough of Rocky Hill, argue that the Foundation’s resources must remain tied to the original intent—serving Rocky Hill residents. The Foundation, however, has sought to redefine its mission more broadly.
What’s Next
The case, will continue in Chancery Court in the months ahead. Further hearings are expected to determine whether the Foundation’s current direction aligns with its original mission and whether changes to its governance or operations will be required.
Photo Credit: Nicholas Mistretta/headlinenewsmontgomery.com










