Superior Court Judge Mary Jacobson said the township wasn't complying with state law.
WEST WINDSOR - Five years ago, in front of a group of upset residents, West Windsor officials voted to eliminate a beloved animal control officer's position.
Now that decision is being called into question by both a superior court judge and the former animal control officer, who claims she was unjustly fired.
In January, Superior Court Judge Mary Jacobson handed down a verdict on a lawsuit filed by townspeople and former West Windsor animal control officer Bettina Roed in 2014.
The lawsuit called into question a 2011 vote made by township officials to fire Roed and merge their animal control officer duties with East Windsor Township. Michael Herbert, an attorney for the township, said the vote came as a cost saving measure.
But in her January decision, Jacobson called the township's choice to merge services with East Windsor, "invalid," saying that they did not provide an adequate level of animal control services to West Windsor.
"West Windsor is enjoined from utilizing the inter-local services agreement for animal control services with East Windsor in the form effective as of January 1, 2016," Jacobson said in the decision.
She ordered the township to upgrade their animal control services by May 28 and to keep records on their program for the court's review.
Herbert said he was concerned about the judicial system overstepping their bounds with Jacobson's decision.
"We believe that we're providing adequate coverage," Herbert said, adding that he plans to file an appeal to Jacobson's decision within a month.
He clarified that the court did not order the township to restore the full time animal control services.
But for Roed, whose job loss came as a shock to many West Windsor residents, Jacobson's decision presented an opportunity.
Just a month after the decision was handed down, Roed re-filed a lawsuit against the township, accusing officials of firing her unjustly.
She initially filed the suit shortly after losing her job but was forced to suspend it in light of the second lawsuit she filed with town residents, her lawyer Walter Bliss said.
In it, Roed claims she worked as an animal control officer for 18 years and that she was a "go-to resource," for citizens and police regarding animals in the township.
She said that she complied with state animal control laws including taking in and holding stray animals, but that she was met with resistance from town officials. Former Business Administrator Robert Hary, who was named in the suit, could not be reached for comment Wednesday afternoon.
That tension between Roed and the town played a part in officials' decision to eliminate her position, Roed claimed.
The suit also said that the township shifted many animal control duties to police officers after terminating Roed's position - something she claims did not save the town any costs.
In her decision a month ago Jacobson also ordered the township to stop giving animal control duties to police officers, saying that it was not consistent with state law.
Herbert addressed both accusations Wednesday, saying that the township did not give police officers animal control duties. Officers merely advised the current East and West Windsor officer, he said.
An original version of this story incorrectly stated that the township was ordered to restore the animal control position. This story has been updated and clarified.
Anna Merriman may be reached at amerriman@njadvancemedia.com. Follow her on Twitter @anna_merriman Find The Times of Trenton on Facebook.