By: David M. Campbell
WEST WINDSOR – The New Jersey League of Municipalities has agreed to join the township in its fight against developer Toll Brothers and its proposed 1,165-unit development for Bear Brook Road.
The league filed a motion with the state Supreme Court last week to intervene in the township’s planned appeal of a three-judge appellate court ruling in August favoring the Philadelphia-based developer.
The three-judge panel upheld a 1996 Superior Court decision that empowers Toll to build 1,165-units, including 175 affordable-housing units, on 293 acres off Bear Brook Road.
The township contends that such a development represents poor planning, and will have a grave impact on road, sewer and storm water management capacities in the township.
Councilman Charles Morgan said the township has appealed to the state Supreme Court on constitutional grounds and hopes to be granted a hearing as a matter of right. In the event the Supreme Court rejects the township’s claim to entitlement to a hearing, he continued, the township also has petitioned for certification – a request that the high court review the matter on the ground that the case is a matter of "grave" public importance, not just regionally but statewide.
If the court grants the League of Municipalities permission to join the appeal, Mr. Morgan continued, "then our chances of having a successful appeal improve."
Mr. Morgan added that if the court accepts the league’s petition, it is an indication the court recognizes the township’s struggle with Toll as an issue of statewide importance.
William Dressel, league executive director, was unavailable for comment Monday.
Mayor Carole A. Carson said, "I personally feel this ruling is detrimental to communities all over the state.
"Any builder that doesn’t like how a property is zoned can use this ruling and take it to court," the mayor said. "This sets a precedent that’s very damaging to communities trying to plan and manage their growth."
Township Attorney Michael Herbert has said, "In the middle of a campaign by Gov. Whitman to prevent suburban sprawl and to preserve open space, (a Toll victory) would set a bad precedent for the rest of the state. In the midst of carrying out the governor’s efforts to preserve open space, we’ve just preserved over a thousand acres this year, and the court is coming along with a directive completely contrary to that goal and to the whole idea of preserving land and prohibiting suburban sprawl."
The township and league expect to find out whether the Supreme Court will hear the case sometime in the next couple of months, Mayor Carson said.
