Laptop Battery A developer has filed a builder's remedy lawsuit against Alpha Borough and planning board over denial of a 108-unit development.
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Thinkpad The board last month rejected the proposal by Alpha 519 LLC to build 92 single-family homes and 16 affordable housing condominiums off Route 519.
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Microsoft Board members cited insufficient information as reason for their denial of Park Ridge Estates and gave the developer six months to reapply.
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Laptop Computers Instead, Alpha 519 opted to sue in Warren County Superior Court hoping a judge would force the borough to allow the development.
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Laptop Computer The motion filed this week requests the court reverse the planning board's denial, appoint an independent overseer for the project and award the developer damages and attorney's fees.
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Desktop Computer The lawsuit also names Warren County, the Warren County freeholders, the county planning board, the state of New Jersey and the state Department of Environmental Protection.
Notebooks The complaint claims Alpha violated Council on Affordable Housing regulations and the Mount Laurel doctrine, both of which require New Jersey municipalities to provide affordable housing opportunities.
Lenovo The borough now has an outstanding need of 16 affordable-housing units, and Park Ridge Estates would have fulfilled that need, the builders said.
Hard Drive In the suit, Alpha 519 attorney Ronald Morgan said planning board members gave "no reason whatsoever" in denying the development.
Travelstar He said that's because no valid reasons exist.
Gateway Since the application first came before the planning board in late 2000, it has been the subject of dozens of meetings. A separate subcommittee was even created to address concerns.
Laptop Parts Through those meetings, Morgan said board members practically created the development's layout to their liking. The entire planning board "wholeheartedly endorsed" it, he added.
Software The application required no variances and the borough deemed the site suitable. The 25-acre parcel where it's proposed had been zoned specifically for COAH housing, he said.
Hard Drives The board's only condition was that Alpha 519 or the county acquire a piece of private property for a proposed intersection with Route 519.
Electronics But that proved to be difficult since some of the property owners refused to cooperate.
Canon The developer asked the board for conditional approval until it could work out those issues, but board attorney Lynn Aaroe advised against it.
Desktop Pc Without approval from all property holders, Aaroe said he had serious concerns whether the intersection could be built as planned.
Desktop Computers Owners of the Alpha Family Restaurant -- they are Mayor Harry Zikas Jr.'s mother and father -- told the developer they would never cooperate, Aaroe said.
Think Pad The lawsuit said the Zikases were "vehemently" opposed to it because of an ongoing debate over relocating their restaurant's sign.
Repair "The mayor's family said they'd oppose it even if the county required them to move it," Morgan cited. "That's a very strong position to take."
Data Recovery Although the mayor recused himself as a planning board member, Morgan said Zikas remained seated among the other members and continued to interact with them.
Cisco "It was clearly conveyed that the mayor opposed the project," the lawsuit says. "It was readily apparent that one or more members of the planning board might have been influenced as a result of the hostility by the mayor's family."
Keyboard Zikas Jr. said those claims are ridiculous. Although he appoints the planning board members with the approval of council, he says he has no control over their decisions.
Monitor "I have no influence," he said. "My parents don't have any influence. It's up to each board member to vote their conscience."
Desktop Since he had yet to see the documents, the mayor said he couldn't comment on specifics.
Infosys But he wasn't surprised at the suit. Zikas said he figured one would be filed shortly.
Refurbished Laptops "Developers like to sue," he added.
Wipro No court dates have been set yet. The case will be transferred to Hunterdon County Superior Court for review by Judge Roger Mahon, who handles all affordable housing suits.
Lap Top Morgan said his client also is filing a complaint against the borough before the New Jersey Council on Affordable Housing.
Refurbished By Linda Lisanti
The Express-Times - 7/11/2003
Topic: Highlands
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