Laptop Battery A controversial Pohatcong Township housing development is a step closer to groundbreaking after a judges ruling Monday. Hunterdon County Superior Court Judge Roger F. Mahon reversed the township planning boards February 2001 decision denying approval of a plan for The Highlands, a 528-home development. He called the boards decision "arbitrary and capricious."
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Thinkpad Mahons decision clears a procedural step for the developer, EAI Investments.
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Microsoft The ruling amounts to an approval of a "general development plan" the board rejected in 2001. EAI can now seek preliminary approval of a specific site plan for the project.
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Laptop Computers Mahon also appointed planner Frank Banisch to attend future board hearings and oversee the planning process.
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Laptop Computer However, Mahon denied EAI attorney Ronald Morgans request that responsibility for further review of the plans be taken from the planning board and given to the special master.
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Desktop Computer Mahon gave his opinion immediately after hearing arguments from attorneys representing the Freehold, N.J., developer and the township.
Notebooks Council and planning board member Sal Vangelli said the swift ruling gave the impression that the township had no chance.
Lenovo "The judge had his mind made up," he said after leaving the courtroom.
Hard Drive EAI has the right under a ruling by Mahon to build the 528-home development on about 170 acres bounded by Carpentersville Road, High Street and a set of railroad tracks.
Travelstar The development of 484 market-priced homes, 44 affordable apartments and 30,000 square feet of retail space would satisfy the townships obligation to provide low- and moderate-income homes under the states Fair Housing Act.
Gateway EAI filed the lawsuit shortly after the decision in 2001. In addition to a reversal of the boards decision, EAI is seeking more than $110 million in damages.
Laptop Parts Mahon set aside the suit for damages last year, but on Monday, he instructed the attorneys to begin preparing their cases for a trial.
Software Mondays trial came a week after township officials rejected a settlement designed to reduce the financial impact of the development on the community of 3,600 and avoid the need for a trial.
Hard Drives In a joint meeting, council and the planning board rejected the settlement on grounds that it stripped the township of control over the planning process.
Electronics Officials said they prefer an agreement struck in 1996 with EAIs predecessor, RDS Realty, which won the right to build the homes in a 1990 "builders remedy" lawsuit.
Canon "Builders remedy" suits are where developers sue towns that have not fulfilled their affordable- housing quota. Developers can sue for the right to build market rate homes in addition to affordable housing.
Desktop Pc On Monday, EAIs attorney argued that the plan included in the 1996 agreement was merely intended to show that there was room for the 528 homes on the land.
Desktop Computers Morgan said changes to the plan were made by EAI based on input from the planning board engineer and other professionals when a previous developer, Matzel & Mumford, was pursuing approval.
Think Pad Morgan also said the planning board made none of its objections to the plan until its final hearing on the matter held on the last day before a time limit would have expired giving the developer automatic approval.
Repair "In my opinion, this board was looking for some reason, any reason, to deny approval of this application," Morgan said.
Data Recovery Arguing for Mahon to appoint a special master to review the plans, Morgan said the environment in Pohatcong became increasingly hostile during four months of hearings on the general development plan.
Cisco He also said the board hired professionals specifically to testify against the developer, one of whom recanted her testimony after actually visiting the site.
Keyboard "My client cant get a fair shake before the board," Morgan said.
Monitor Richard Clark, special counsel for the planning board, said the matter is a difference of opinion on how much weight the 1996 plan carries.
Desktop Clark said the 1996 plan provides specific information on what the development would include and is important in the planning process.
Infosys "If we have the 96 agreement as the basis for action, theyll have an approval," he said.
Refurbished Laptops EAI is the third company to pursue approval of the court-mandated development.
Wipro By Peter Hall
The Express-Times - 3/19/2002
Topic: Highlands
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