Supreme Court Denies Appeal in Downtown Suit

Candace Braun

The Concerned Citizens' lawsuit has effectively come to an end, said Borough Attorney Michael J. Herbert in a memo to Borough Council last week.

Filed 21 months ago in opposition to the downtown redevelopment project currently underway, the lawsuit against the Borough was lost at the Mercer County Superior Court level in June. The court sided with the Borough in determining that the municipality did not misuse or misinterpret New Jersey's Local Redevelopment and Housing Law. Last week a unanimous decision by the Appellate Division of the Supreme Court dismissed the complaint.

The suit was a result of the Borough's determination that the former Park n' Shop lot and the Tulane Street parking lot were in need of redevelopment, which led to Phase I, the 500-space Spring Street garage and a five story mixed-use building and plaza, as well as Phase II, a five-story apartment building with a convenience store on the first floor. After several Borough citizens complained of Council's decision to move forward with the project even though many residents were opposed to it, the Concerned Citizens evolved, and the group filed a lawsuit against the municipality.

Although the Supreme Court's decision essentially ends the lawsuit, the Concerned Citizens have issued a Motion for Reconsideration to Judge Feinberg, returnable on Friday, October 22. Mr. Herbert has written to the court "asking that the judge deny that application, which obviously has no merit," he said.

R. William Potter, attorney for the Concerned Citizens, was unavailable for comment.