Laptop Battery Officials in Pohatcong Township want a judge to reconsider his ruling in March that brought a controversial housing development a step closer to reality. Hunterdon County Superior Court Judge Roger F. Mahon reversed the township planning board's decision denying approval of plans for the 528-home project.
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Thinkpad Now Richard Clark, the township's attorney on the matter, is arguing that township officials and the developer were working from different versions of a 1996 document detailing how EAI Investments would build the homes.
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Microsoft In a letter to Mahon, Clark argues that EAI had a responsibility to ensure it had the correct documents. He said the developer's mistake and misrepresentation are grounds for a reconsideration. He said the judge's ruling is void because it was not based on the correct document.
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Laptop Computers EAI's attorney Ronald Morgan said the differences between the two versions of the document are immaterial and called the motion a delay tactic.
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Laptop Computer Opponents of the project were disappointed Friday to learn that a hearing on Clark's motion was held via a conference call between the judge and attorneys.
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Desktop Computer About 20 residents of Pohatcong, Alpha and Phillipsburg, which would all be effected by the development, had traveled to Flemington to show Mahon their opposition. Many wore white T-shirts with the letters "EAI" inside a black circle with a slash through it as they sat in the courtroom waiting for Mahon to appear.
Notebooks Mike King, who helped rally area residents in a series of meetings this spring, said Mahon has failed to consider the development's impact on mostly rural Pohatcong and its neighbors.
Lenovo "The judge has not been listening or even looking, it seems, at the township's legal position, and relying entirely on EAI's lawyers to determine his position," King said.
Hard Drive King and others say the development will destroy a habitat of endangered and protected species, spoil a scenic resource, choke the area's streets with traffic and bankrupt the township.
Travelstar During the conference call Friday Mahon said he did not understand what bearing the differences in the documents could have had on his ruling, Morgan said. The judge asked Clark to better explain the township's position and scheduled arguments 9 a.m. July 26
Gateway The development, dubbed The Highlands, is the result of a so-called builders remedy suit, in which another developer won the right to build affordable housing to satisfy the township's obligation under the state's Fair Housing Act.
Laptop Parts In addition to the 44 low-income apartments, EAI, which now owns the rights, is entitled to build 484 market-priced homes and 30,000 square-feet of retail space. The project would stand on a 170-acre wedge of land between Phillipsburg and Alpha bounded by Carpentersville Road, High Street and a set of railroad tracks.
Software The township planning board denied approval of a general development plan on grounds it differs substantially from one township officials agreed to in 1996.
Hard Drives By Peter Hall
The Express-Times - 6/15/2002
Topic: Highlands
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