That’s on top of $3.5 million the township has offered for development rights to two parcels of the family’s land
By Linda Seida, Staff Writer
WEST AMWELL — The Fulper family, major farming landowners, has demanded $1.3 million to make their two-year-old lawsuit against the township go away, according to information recently released by the township.
That’s on top of the $3.5 million the township has offered for the development rights to two parcels of the family’s land.
The family has declined the $3.5 million offer unless accompanied by the $1.3 million to dismiss the litigation, according to the township.
Fighting the lawsuit has cost the township more than $100,000 a year, according to Mayor William Corboy.
”The township has a strong case to stand its ground,” said Howard Cohen, West Amwell’s attorney. “Obviously, litigation is painful, but at this point there is nothing to support the Fulpers’ claim.”
Former Mayor Robert Fulper declined to comment.
Patrick McAuley, the Fulpers’ attorney, issued a 2½-page written statement in response to the township’s claims.
He said, “The statement issued on behalf of the township is disingenuous at best.” The Fulpers filed the lawsuit in November 2006 in state Superior Court, alleging the township violated a General Development Plan and breached a development agreement.
The suit also challenges a reserve septic ordinance. The family’s lawsuit claims the ordinance reduces the value of hundreds of acres along Lambertville-Rocktown Road so the township may purchase development rights at a lower price.
The lawsuit was filed by Mr. Fulper, his son Robert J. Fulper II, family members Sarah E. Fulper and Frederick R. Fulper plus two family corporations, Fulper Family LLC and Fulper Preservation LLC.
The reserve septic ordinance, passed by the township’s Board of Health in September 2006, requires new subdivisions and new dwelling units to have a second area of land set aside for the sole purpose of an onsite sewage system in case the original site fails. The reserve area must be equivalent in size to the original area. The two areas must be at least 30 feet apart.
Mr. McAuley said, “Proponents of this ordinance knew they were effectively down-zoning the Fulper GDP parcel and to suggest otherwise is simply incredible. The Fulpers have been reasonable in their dealings with the township. They expected the township to act in good faith in carrying out the terms of the agreement, rather than acting intentionally to frustrate its terms.”
From March 2007 to March 2008, the two sides attempted to resolve the matter in negotiations, and the litigation was put on hold, according to the township. During the negotiations, the township offered $3.5 million for the development rights, with a March 2008 deadline.
The deadline passed, and the litigation was reactivated, the township said.
According to the township, before relations between the two sides fell apart, the Fulper family had already received $3 million for preserving other parcels named in the GDP. The GDP agreement was reached in 2003.
The Township Committee took the unusual step of making public the details of the negotiations because citizens had demanded that officials do more to settle the longstanding suit, according to Mayor Corboy.
”Some in the township have appeared at meetings before the Township Committee and taken the position that the township should be devoting its efforts to resolution rather than defending against the litigation,” Mayor Corboy read from a written statement at a recent committee meeting.
”Having spent a year at resolution without success, the Township Committee believes the residents should understand what was done to resolve the litigation and why it did not succeed,” the mayor noted.
The end date for the discovery phase in the lawsuit is Aug. 8. If there is no resolution by then, the case could go to trial or a judge could dismiss it, Mr. Cohen said.

