David Clark

DaveXL

Partner

p: (609) 278-3906

f: (609) 278-3901

J.D. William & Mary Law School
B.A. College of William & Mary

David A. Clark works in the Firm’s Municipal and Litigation Groups. His municipal practice includes the representation of a variety of governmental clients as general or special counsel, including serving as special redevelopment counsel for the City of Newark since 2006 and serving as Borough Attorney for Helmetta Borough (Middlesex County) since January of 2007. His litigation practice includes the defense of tort claims and civil rights claims filed against public entities, prerogative writ actions challenging the validity of municipal actions, and redevelopment/eminent domain litigation as well as commercial litigation for non-governmental clients in a variety of areas. Mr. Clark has appeared in New Jersey’s trial and appellate courts as well as in United States District Court (District of New Jersey) and the Third Circuit Court of Appeals.

Mr. Clark’s reported cases include the following:

  • Avis Budget Group, Inc. et al. v. City of Newark, et als., 427 N.J. Super. 326 (App. Div. 2012)(upholding validity of ordinance imposing motor vehicle rental tax in certain industrial zones of the City);
  • Lake Valley Associates, LLC v. Township of Pemberton, 411 N.J. Super. 501 (App. Div. 2010)(upholding validity of landlord registration ordinance);
  • Union County Improvement Authority v. Artaki, et als., 392 N.J. Super. (App. Div. 2007)(remanding condemnation actions to Law Division for determination as to whether cases should be consolidated due to unity of ownership/unity of use);
  • In re Township of Ocean, WL 3040134 (App. Div. 2006)(unpublished)(upholding agency determination denying property owner’s application to dismiss Ocean Township from protections of COAH jurisdiction);
  • Clean Earth Dredging Technologies, Inc. v. Hudson County Improvement Authority, 379 N.J. Super. 261 (App. Div. 2005)(upholding trial court’s grant of summary judgment to HCIA as subject lease was not subject to public bidding or Local Lands and Buildings Law requirements);
  • Alliance for Disabled in Action, Inc. v. Continental Properties, et als., 371 N.J. Super. 398 (App. Div. 2004)(affirming dismissal of township code official from litigation raising constitutional challenge to housing project due to alleged lack of accessibility); and
  • Whitcraft v. Township of Cherry Hill, et als., 974 F.Supp. 392 (D.N.J. 1996)(granting summary judgment to municipality and police officers as policies and customs of township did not cause alleged constitutional violations).

Mr. Clark was admitted to the bar of the State of New Jersey and of the United States District Court in 1988 and was admitted to the United States Third Circuit Court of Appeals in 1989. In 1988-1989, Mr. Clark served as a law clerk to the Honorable David Lucas, J.S.C. in Somerset County. From 1989 through 1995, Mr. Clark served as a Deputy Attorney General for the State of New Jersey, where he defended state agencies in tort and environmental litigation matters. From 1995 through 2005, Mr. Clark was a partner at DeCotiis, FitzPatrick, Cole & Wisler, LLP, where he specialized in multiple areas of civil litigation.

Mr. Clark received a B.A. in English and History from the College of William and Mary in 1985. He received his juris doctor from the Marshall-Wythe School of Law of the College of William and Mary in 1988, where he qualified for the Order of the Coif through being in the top ten percent of his graduating class. Mr. Clark served on the District VII (Mercer County) Ethics Committee and served as Vice Chairman of the Committee in 2011-2012 and as Chairman of the Committee in 2012-2013.