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Judge Rules In Town’s Favor In One Westfield Place Suit
Main, News
By KATIE MOEN on
February 29, 2024
Judge Rules In Town’s Favor In One Westfield Place Suit

WESTFIELD — A New Jersey State Superior Court judge has ruled in favor of the Town of Westfield and its administration in regards to a lawsuit that was filed last year by a group of residents in response to the One Westfield Place redevelopment project.

WESTFIELD — A New Jersey State Superior Court judge has ruled in favor of the Town of Westfield and its administration in regards to a lawsuit that was filed last year by a group of residents in response to the One Westfield Place redevelopment project.

On Tuesday, during a regular meeting of the mayor and council, Mayor Shelley Brindle said the judge’s decision “reaffirmed the integrity of the process, our extensive due diligence and the sound planning advice we received from our exceptional professionals which guided our decision making.

“Regardless of how you feel about these redevelopment projects, the recent court decisions in the town’s favor should reassure you and all of our taxpayers that we are committed to operating with the utmost integrity and to a process that meticulously follows every legal protocol,” Mayor Brindle said.

The original lawsuit, filed in April of last year on behalf of an ad hoc nonprofit organization known as the Westfield Advocates for Responsible Development, cited numerous alleged inconsistencies between the project’s 2023 redevelopment plan and the town’s 2019 Master Plan re-examination report, an official document that was initially drafted to help the town navigate new construction standards. The lawsuit went on to allege that town officials “failed to adequately consider the economic impact, excess density, traffic, parking, costs and environmental impact of the development” in looking to move the project forward.

Earlier this month, however, Judge Daniel R. Lindemann, J.S.C., ruled that the Advocates, whose leadership team includes Westfield residents Frank Fusaro, Carla Bonacci and Alison Carey, failed to adequately meet the burden of proof.

“The record demonstrates that the Redevelopment Plan addresses permitted uses, building heights, setbacks, and coverage, and other criteria for each of the zones in the Redevelopment Area, along with a multitude of circulation considerations in the transit-oriented development, including analyses of traffic and pedestrian matters,” Judge Lindemann wrote in his decision. “The governing body was not arbitrary, capricious or unreasonable and was appropriately and adequately supported by the record.”

The legal decision, dated February 26, indicates that the courts also have sided with the town in regards to traffic considerations and transparency issues, both of which were raised as noted points of contention within the Advocates’ original filing.

“Unfortunately, we don’t agree with the judge’s decision,” Advocates co-founder Alison Carey said, addressing the council on Tuesday. “You ignored your residents. We had residents, night after night, lined up to the back of the chamber asking you to meet them halfway. All of them were ignored. Meetings were cancelled, promises to respond to [our] questions in writing have not been addressed. That’s what led to this litigation.” A similar lawsuit that was levied against the town and its planning board by the Advocates (this one in response to a separate redevelopment project known as The Sophia) also was dismissed when another judge ruled in the town’s favor in December of last year.

The town, Mayor Brindle said Tuesday, has spent approximately $70,000 to protect its interests in these matters.

“[The Advocates] have now filed an appeal in the Sophia case, where taxpayers will once again foot the bill to defend a lawsuit that the Advocates themselves have admitted that they have little to no chance of winning while they continue to solicit donations,” Mayor Brindle said.

Several representatives from the Advocates approached the council on Tuesday to ask that the town compile a cumulative study of its planned and proposed projects to help taxpayers better understand the potential impact of the new construction on local roads, traffic and schools.

“We have tracked over 20 large construction projects that have been built or approved since 2017. Four of these projects — The Sophia, One Westfield Place, Westfield Crossing and the Williams Nursery redevelopment site — include large numbers of new dwelling units and small footprints with vertical construction to previously unprecedented building heights,” said Richard Panikiewsky, a member of the Westfield Advocates. “The Westfield Advocates are unaware of any coordinated investigation which takes a cumulative, all-inclusive approach to identify and establish the combined impacts of all planned and approved construction.”

Frank Fusaro, one of the cofounders of the Westfield Advocates, said the organization will continue to fight back against overdevelopment.

“The One Westfield Place project is not consistent with the Master Plan. You circumvented the Master Plan by using redevelopment law. Had this project been proposed under the current zoning in the Town of Westfield, it would not meet the zoning standards,” said Mr. Fusaro.

The judge’s decision can be found in its entirety on the town’s website: https://www.westfieldnj.gov/.

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