However, Peele has filed a complaint against the arresting officer, Patrolman Michael Pava alleging the officer physically abused him as he was being taken from the meeting to police headquarters. In a tape made of the meeting, Peele can be seen falling as he is being led out of the meeting room.

Peele's complaint will be heard in Harding Township Municipal Court for probable cause.

If it is decided there is probable cause to bring the matter to trial, Morris Township Municipal Court Judge Robert J. Nish will have to recuse himself, according to Mayor Jan Wotowicz.

"The police officer is a municipal employee and you can't have one municipal employee sitting in judgment of another," Wotowicz said.

The incident occurred during a May 6 meeting in which the Planning Board unanimously approved an amendment to the master plan that would allow a sewer line to hook into a proposed continuing care retirement community (CCRC) proposed by St. Mary's Abbey at Delbarton.

The measure, upon final approval by the Township Committee, would allow a sewer line to run from the Butterworth sewage treatment plant to the planned 200-unit CCRC on 41 acres off Old Mendham Road.

As they had at the previous master plan hearing, about a dozen protesters brought signs decrying the plan. One sign read, "Taxation without representation is tyranny," another, "Honor truth, justice."

Planning Board Chairman Joseph Weber ordered CCRC opponent Peele removed from the hearing room after he continued to berate the board for ordering a protester to lower a sign. Peele was arrested on disorderly conduct charges.

In a letter Peele wrote protesting he board's actions, Peele noted a 1994 ruling by Superior Court Judge Reginald Stanton indicating that matters affecting Morris Township taxpayers must be dealt with in a public manner and claimed by holding the vote at this time the board was violating Stanton's order.

Judge Stanton's order reads in part, "The Planning Board of the Township of Morris...shall not adopt the master plan for a period of 10 days from the date upon which copies...(of the input of materials) have been made available for review and purchase and prior to adoption shall permit a continuation of the public hearing to be held.

"The Planning Board may not close its public hearing, or take a vote, unless it has made available to the public all information and documentation concerning the changes being considered in the master plan. These would include any reports from Killam or Schoor DePalma (the township engineers)."

Noting his wife, Mary Arnold, had requested information regarding the plan but had not received it, Peele wrote, "It is impossible for me to participate in an informed way at the June 3 meeting without such information...Surely you would agree that it is insupportable for citizens to have to return to Judge Stanton's Court when the township's master plan is revised in order to guarantee the same rights of due process and openness of public proceedings he has already ruled on...Please consider how you would explain in court why you, noticed of Judge Stanton's previous decision, chose to defy it."

Weber disagreed with the letter. "I'm advised there is no 10-day obligation on this," he said, concurring with board Attorney Brian Burns who said Judge Stanton's ruling was "really not the same case."

The case Peele was referring to concerned James and Denise Sipple who had sued the township in 1994 for its procedures during Planning Board discussion of the master plan.