‘Mystery suit’ against new shopping center in Montgomery dropped

By Katie Wagner, Staff Writer
   MONTGOMERY — A lawsuit challenging construction of Montgomery Promenade shopping center that was originally filed by several nearby businesses has been dismissed at the request of the sole remaining plaintiff, Garbo Jewelers.
   The high-end center is to be anchored by a Stop & Shop grocery store that will be located on the southwest corner of Route 518 and Route 206, north of Princeton airport. The center’s developer Madison Marquette received preliminary approvals from the Planning Board in December 2006.
   The suit challenging those and other approvals was filed early in 2007.
   The suit alleged that the Planning Board and the developer failed to follow proper protocol called for in Municipal Land Use Law.
   Gary Berezowsky, owner of Garbo Jewelers, said Friday that he called for the suit’s dismissal after hearing that the developer was going to improve plans for managing traffic at the site, and had also learned that a customer was involved with the center.
   Mr. Berezowsky said he was also influenced by the withdrawals of the other plaintiffs.
   ”Everyone else dropped off so I didn’t want to be the last man standing,” he said. “They said they were going to make the traffic and everything better, so let’s hope for the best.”
   Other businesses originally named as plaintiffs included Bagel Barn, Mrs. B’s Cleaners, Towne Wine and Liquors, Alfonso’s Pizza and Montgomery Eye Care. By June 15, all plaintiffs but Garbo Jewelers had dropped out of the suit.
   Like the other plaintiffs, Mr. Berezowsky said he had agreed to join the suit after receiving a visit from an individual who told him an anonymous benefactor would pay all legal costs. He said he never learned who was behind the suit.
   Girodano, Halleran and Ciesal of Red Bank, the firm that had been representing the plaintiff; and William Kearns, the Planning Board’s attorney, did not return phone calls. Madison Marquette’s attorney Tom Hall declined to respond to e-mails with questions on the lawsuit.
   Madison Marquette received final approval for the center’s proposed anchor stores, with the exception of some details of the Stop & Shop grocery store in mid-July. The company presented its final site plan for phase IIC of the project, which includes details of the central plaza and lighting, on Nov. 26. That plan still needs Planning Board approval. The project will also include a residential component.