CCBH files appeal of Krame decision

The citizens group that lost a lawsuit seeking to block approvals of the Hillsborough Promenade filed an appeal to the New Jersey Appellate Court last week.

By:John Patten
   The Concerned Citizens for a Better Hillsborough filed the appeal, charging its arguments against the development under construction on Route 206 by William Krame were not considered by Hunterdon County Superior Court Judge Roger Mahon in its original lawsuit.
   On July 20, Judge Mahon dismissed that lawsuit — which charged, among other things, that the Planning Board did not make the project’s environmental study public and relinquished its oversight of traffic issues to a consultant hired by the developer — with prejudice, preventing further action in his court.
   "The burden of the lower court is to consider the evidence — including legal precedence which has been cited," CCBH member Michael Detsis said. "If evidence is cited with equal or superior case law by the opposition, then the court uses legal discretion to reach a conclusion and explain their reasons.
   "That’s the reason for our lawsuit — we don’t even know why our case was dismissed without explanation by the lower court."
   According to a press release issued by the CCBH, "Several of our members attended Township Committee and Planning Board meetings throughout the approval proceedings, spanning from 1999 to the present. Our members got concerned over the inadequate response to public questions over issues directly related to this enormous development in Hillsborough."
   But, the group charges, Judge Mahon dismissed the suit without hearing its arguments. The group hopes the Appellate Court will reopen the suit and allow those arguments to be heard by a lower court.
   "We are not able to submit any new evidence to the Appellate Division, but what we could do is provide a review of the evidence," Mr. Detsis said.
   According to Planning Board Chairman Christian Jensen, the judge’s ruling suggests he felt the charges weren’t valid.
   "It seems like it’s not fiscally responsible to use taxpayer funds to go through this again," Mr. Jensen said. "But, of course, it’s their legal right to exercise that option, and if that’s what they want to do that’s their option, and the town has to defend their Planning Board decision."
   The Promenade project grew out of a May 1999 settlement between the Parsippany-based developer and the township. Originally, Krame had sued the township under state affordable housing laws to build 950 residences. The township agreed to allow Krame to build the 395,000-square-foot shopping center instead of the affordable housing.