Other lawsuits still pending
Judge provides no penalties for Smith
State Superior Court Judge Roger Mahon on Monday ruled that all prior Planning Board approvals for the Greenbriar housing project were tainted by conflicts of interest and should be vacated.
By: Laura Toto
The decision comes as a major setback to developers U.S. Home Corp. and Hillsborough Alliance for Adult Living, which had applied to build about 3,000 living units on Mill Lane, including enough affordable housing to satisfy Hillsborough’s state-mandated quota. The project had received conditional approval in 1991 and in 1995, dependent upon changes to land-use law and the township’s wastewater plan.
"The prior approvals granted to the Mill Lane/Greenbriar project are found to be void, and they shall be set aside," Judge Mahon wrote in his 64-page ruling.
|
See also: Other lawsuits still pending Judge provides no penalties for Smith Judge’s ruling a blessing, a warning Read Judge Mahon’s ruling |
Monday’s ruling came in response to several lawsuits brought by a number of developers, a grassroots anti-Greenbriar group named Friends of Hillsborough and the township itself. The suits have been consolidated by the courts.
It was not clear Monday whether U.S. Home would file an appeal of the decision. Representatives from the principal parties could not be reached immediately for comment.
Judge Mahon found that Harry Smith inappropriately acted as a representative for Hillsborough Alliance for Adult Living in its efforts to increase the housing density on the Greenbriar land.
Mr. Smith was representing the Hillsborough Alliance as its president while he also was chairman of the Hillsborough Municipal Utilities Authority.
In return for his service to the alliance, he was to receive 10 percent of the sales price of the property, less its original value.
"To permit the chairman of the municipal utilities authority to champion such a project in his own municipality as a self-described ‘facilitator’ is simply wrong," Judge Mahon wrote. "To further suggest that he should be exempted from the obvious conflict because of the substantial money he was to be paid for this undertaking is to turn any notion of common sense on its head."
Judge Mahon also found Thomas Bates, former Planning Board chairman, violated New Jersey’s local government ethics law because he borrowed $20,000 from Mr. Smith and did not recuse himself from his influence in the project through the affordable housing subcommittee meetings.
"As chairman of the Planning Board, Mr. Bates had influence in selecting the Greenbriar/Mill Lane project as the only inclusionary development in of the township’s Mt. Laurel fair share plan," Judge Mahon wrote. "During this entire process, Mr. Bates chose not to disclose his financial ties to Mr. Smith."
During a hearing on this matter last year, Hillsborough Alliance and U.S. Home argued that Mr. Smith and Mr. Bates did not take any action on the Greenbriar project on a municipal or county level.
But Judge Mahon’s statement counters that Mr. Smith was a public official and he consistently created conflicts with his duties by interacting with governmental agencies in Hillsborough and through the Greenbriar project.
"By his actions, Harry Smith violated the local and government ethics law," Judge Mahon wrote.
Through two other agents — identified in the court ruling as attorney Thomas Miller, who remained Mr. Smith’s attorney even after the county Board of Chosen Freeholders later hired him as legal counsel; and Greenbriar engineer Robert Heibell — Mr. Smith also requested sewer service in conjunction with the 1991 Greenbriar approval.
Through one of the agents, Mr. Smith filed an amendment to include Greenbriar into its Township Wastewater Management Plan.
"Stripped to its essence, his conduct can fairly be described as influence peddling," Judge Mahon wrote.
Judge Mahon also stated that Mr. Smith failed make the public and courts aware of his interest in the Greenbriar project.
"The activities of Harry Smith have been found to be clearly violative of both the common law and the local government ethics law," Judge Mahon wrote.
At the end of his ruling, Judge Mahon instructed Friends of Hillsborough attorney David Trombadore to write a court order invalidating the Greenbriar approvals.
"I will be consistent with what the court has said," Mr. Trombadore said when reached by phone Monday afternoon. "All actions taken at the local level should be invalidated. I think the judge has written a very thorough and well reasoned opinion."
See this Thursday’s Hillsborough Beacon for more details.