70 acres to be preserved as open space.
By: Melissa Hayes
MONROE The Appellate Division of state Superior Court ruled in favor of the Middlesex County Improvement Authority on Monday, allowing for the condemnation of 70 acres of property adjacent to Thompson Park for open space preservation.
The property on Buckelew Avenue is owned by developer Jack Werbler who wants to build a 69-unit subdivision called Hawthorne Acres.
The MCIA condemned the land for open space after the Monroe Township Planning Board rejected a proposal to build the development in 2000.
Mr. Werbler took the MCIA to court and lost. He won an appeal in the Middlesex County state Superior Court, but lost that case Monday when the Appellate Division ruled 3-0 in favor of the condemnation proceeding.
The property is part of 156 acres that the MCIA is trying to claim as open space and would make up a Thompson Park expansion along Buckelew Avenue called Thompson Park III.
"We’re very pleased obviously with the result," said Mayor Richard Pucci, who heads the MCIA. "Now it’s just a matter of coming up with an equitable price."
Township Engineer Ernie Feist said the previous landowner could make an application to the Supreme Court, although he felt confident the decision would be upheld. Mr. Werbler also could challenge the price they are offering him for the property.
"I don’t think there will be that much argument in way of value," he said.
He said the landowner would be compensated for the value of the property when it was first condemned.
The county is offering $5.26 million for the property.
Mr. Feist said the he was excited by the ruling.
"It sets the precedent that the town or the county or state for that matter, if they choose to condemn property for conservation, open space purposes, we have the right to do that," he said.
"We’d like to acquire whatever we can, but again funding becomes as issue and funding is not unlimited and land that is zoned for development is not cheap so we need to pick and choose our acquisitions carefully." Mr. Feist said.

