Laptop Battery Toll Brothers Inc. cannot be released from an agreement requiring it to pay for the planned realignment and expansion of Centerton Road in Mount Laurel and Moorestown, a judge ruled yesterday.
Toll Brothers' lawsuit against Branchburg claims that it doesn't allow for adequate affordable housing. They are manipulating the Mount Laurel statute in order to make the largest profit. Toll Brothers doesn't care about affordable housing, only making money.
Thinkpad In a lawsuit filed in Superior Court here, Toll Brothers said it should not be bound by a developer's agreement signed in the 1980s because its plans for construction along the stretch of Cen-terton Road between Creek Road in Mount Laurel and Hartford Road in Moorestown have changed dramatically.
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Microsoft But Superior Court Assignment Judge John A. Sweeney ruled Toll Brothers should be required to contribute to the costs of the road changes.
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Laptop Computers "Toll reaped the benefits of the developer's agreement until it was time to absorb the burdens of it," Sweeney wrote in a 22-page opinion released yesterday.
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Laptop Computer "A condition of approval is subject to reconsideration due to changed circumstances," Sweeney wrote. "A developer's agreement, on the other hand, is rendered unenforceable only when the project upon which it is based is abandoned. That is not the case here."
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Desktop Computer In Moorestown, the plan calls for Centerton Road to be expanded to a four-lane divided highway from Hartford Road. As the road continues into Mount Laurel, the plan calls for it to be realigned, creating a new intersection with Creek Road.
Notebooks In its suit, Toll Brothers contended there is no need to expand Centerton Road as previously proposed because the developer now plans only to construct a 122-unit age-restricted housing complex on the Moorestown side, and has built only a portion of the originally planned 850,000 square feet of office space.
Lenovo However, the company offered to pay an applicable portion of the estimated cost of more than $2.5 million for the road project.
Hard Drive "We are disappointed in the decision," Carl Bisgaier, the attorney for Toll Brothers, said yesterday.
Travelstar He would not comment further on the case or the possibility of an appeal.
Gateway Those who opposed Toll Brothers argued the developer was simply trying to back out of the agreement, which it inherited when it purchased the Laurel Creek property in 1994.
Laptop Parts Opposition included Whitesell Construction of Delran, Mount Laurel and Moorestown townships and the Bur-lington County Planning Board.
Software "It is certainly a victory for the county," said Vince Farias, Burlington Coun-ty Freeholder director, who oversees roads, highways and bridges. "This reaffirms the fact that agreements entered into are not to be broken."
Hard Drives Without the developers' contributions, it would have cost taxpayers millions of dollars to improve the road.
Electronics Whitesell has erected Laurel Corporate Center at Centerton and Creek roads in Mount Laurel, across the border from Moorestown, and J.S. Hovnanian & Sons is building a 326-unit residential development at the same intersection in Mount Laurel.
Canon Toll Brothers argued that Whitesell should shoulder a larger share of the cost of the road project. Hovnanian has already agreed to pay its share of the improvements.
Desktop Pc In the 1980s, county and municipal planning officials recognized the need to expand Centerton Road as development enveloped it, starting with construction of Laurel Creek Country Club and 470 homes.
Desktop Computers By Mike Mathis
Burlington County Times - 1/28/2004
Topic: Sprawl
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