Decision will allow township to preserve properties as farmland.
By: Matthew Kirdahy
The Appellate Division of state Superior Court dismissed a 3-year-old lawsuit between Cranbury and the former owners of the Barclay property on Nov. 20.
The decision gives Cranbury full ownership of the 60-acre Barclay North parcel and the 130-acre Barclay South property and allows the township to preserve the land as farmland.
The Township Committee announced Monday that the lawsuit had been dismissed.
"From the face of it, we can say it looks like it’s over and hopefully we could move forward on sale of the development rights of the property," Township Attorney Trishka Waterbury said.
The township negotiated a $3.5 million deal in June 2000 to purchase the Barclay North parcel on North Main Street and the Barclay South parcel on Plainsboro Road from the Barclay family. However, Carl Poling and John C. Poling filed a lawsuit against the township claiming that as owners of 19 percent of the property, the sale defrauded them of $500,000.
In July 2001, the lawsuit against Cranbury was dismissed but later appealed.
With the litigation resolved, the township can gain clear title of the property. Clear title would permit the township to preserve the land through the state Farmland Preservation Program. The township would then sell the property as farmland. Township officials didn’t say how much the property would sell for.
The ongoing litigation had been holding up the township’s application to the Farmland Preservation Program with the state Agricultural Development Committee Direct Easement Program. The state wouldn’t approve the application until the lawsuit was settled. Ms. Waterbury said the township would go to the state with the letter from the appellate court proving ownership.
In farmland preservation, the township receives 60 percent of the land’s development rights from the state, 20 percent from the county and 20 percent from the municipality. The township won’t receive the last 20 percent since it owns the property.
The price of development rights is based on a ranking system established by the Middlesex County Agricultural Board.
In October, the township leased the property for $22,425. Ms. Waterbury said the lease would end upon the sale of the property.