JUDGE TOSSES DEFAMATION SUIT FILED BY FORMER UPPER TOWNSHIP ADMINISTRATOR

Court House, N.J. -- A Superior Court judge has dismissed a defamation lawsuit brought by former Upper Township business administrator Gary DeMarzo, finding that the claims were baseless and fell under protected political speech.
The ruling ends a legal fight DeMarzo launched in December 2024, targeting Committeemen Sam and Zachary Palombo over campaign literature that criticized township leadership. Though DeMarzo was not named directly, he alleged the material targeted him and damaged his reputation. The judge found otherwise, ruling that the statements were political opinion and not defamatory.
A prior claim against a third defendant, a private citizen, was dismissed in April. DeMarzo was ordered to cover more than $6,400 in costs related to that portion of the case. The court has now extended that decision to include dismissal of all claims, barring them from being refiled.
DeMarzo had been hired in 2022 and was a central figure in township operations. When the Palombos won election to the committee in November 2024, he raised concerns about their campaign materials, but the court said their language fell within standard political rhetoric. The judge also found no evidence of actual malice, a legal requirement when defamation claims involve public figures. With the case closed, the Palombos are eligible to recover legal fees. DeMarzo, despite the ruling, indicated that he may pursue additional legal action separately.