Rocky Hill officials out of suit challenging Pulte development

Three other counts upheld in citizen challenge to housing project

By: Greg Forester
   ROCKY HILL — The Rocky Hill mayor and Borough Council are off the hot seat in a lawsuit against a planned housing development in the borough.
   After hearing arguments in Somerset County Superior Court on Friday, Judge Allison Accurso threw out the four counts of the case pertaining to the Borough Council and the mayor and an ordinance passed in late 2004.
   "These claims have been dismissed," said Borough Attorney Albert Cruz at Tuesday’s Borough Council meeting. "The mayor and the council are not involved in this lawsuit anymore."
   The citizens group had asked for an extension on challenging the ordinance, but the judge sided with the borough’s argument that the suit was not filed in a timely manner. The ordinance was approved more than two years ago.
   But Judge Accurso upheld three other counts of the case regarding the Rocky Hill Planning Board’s approval of the development.
   Borough officials were pleased with the judge’s decision, but pledged to cooperate with whatever decision was made in the rest of the suit.
   "I’m satisfied with the judge’s decision, obviously," said Mayor Ed Zimmerman. "But if the judge determines the Planning Board made a mistake, it’s on us, and we’ll work to correct it."
   The citizens group had filed the lawsuit because it believed the planned development on the Schafer tract in Rocky Hill would have been out of size, scale, and configuration with the historic district of the borough, according to members of the group.
   The development, Rocky Hill Estates, would include 34 age-restricted, single family homes in 17 duplex-style buildings.
   The ordinance in question allowed the developer, Pulte Homes, to build its planned development without the usual constraints and regulations governing construction in historical areas of Rocky Hill, said Susan Bristol, co-founder of the group.
   Despite the dismissal of the complaints regarding the ordinance, officials from the group say they believe the ordinance remains a threat to the character of Rocky Hill.
   "We still feel very strongly that the public interest is at stake here," said Ms. Bristol. "The ordinance still presents a problem to Rocky Hill."
   The Citizens for Responsible Growth may be able to challenge the ordinance on an appeal, once more information about the decision-making behind the passage of the ordinance comes out during the course of the lawsuit, group officials said.
   "If there’s an appeal, we can probably challenge the ordinance," said Ms. Bristol. "The record of the public meetings will be important to further action against the ordinance."
   The judge has asked the citizen’s group to submit a further briefing on the remaining counts in the lawsuit within 45 days.
   The remaining defendants, Pulte Homes, the Schafers, the owners of the land, and the Rocky Hill Planning Board would then have to submit their own briefs.
   The trial would probably be set to begin in late June or early July, according to Borough Attorney Albert Cruz.
   The citizens group met again last week and discussed possible compromises with the developer if they agree to redesign their plans, Ms. Bristol said.
   "We’re trying to come up with a list of possibilities and ways we would be willing to compromise," said Ms. Bristol.
   The group plans on sending an e-mail out to Rocky Hill residents asking for their suggestions on possible compromises.