The i.Park development project, which includes the new municipal building and police headquarters, is on hold because of a lawsuit filed by a realty company that owns a neighboring North Bergen condominium.
Woodcliff Realty Associates filed a complaint in Superior Court March 13 against i.Park Edgewater LLC, the Planning Board, and the borough.
The lawsuit became public at the May 5 Mayor and Council work session when Councilman Denis Gallagher questioned the status of the new municipal building and Mayor Nancy Merse said the developer was involved in a lawsuit.
In the eight-count suit, Woodcliff Realty alleges that i.Park essentially bought approval of its mixed use proposal by giving the borough part of the 50-acre property for $1 and agreeing to build a municipal building at a set price of $3.7 million.
The suit alleges that the Planning Board proceeded with a hearing and vote despite a defect in the public notice of the first hearing and a conflict of interest by Merse and Council President Neda Rose, who serve on the Planning Board. Woodcliff Realty also alleged that the Board’s decision was arbitrary and not based on a complete application, but the Board’s answer denies that claim.
The borough adopted a redevelopment plan for the 45 River Road property, the former Unilever site, in September 2006. I.Park signed a redevelopment agreement with the borough and received preliminary site plan approval for the first phase of its project December 2006, which included the municipal complex.
The second phase included more residential and commercial structures. The application was deemed complete and a hearing was held Aug. 15, 2007.
According to the resolution for the application, the Board determined that the public notice was defective. It said "Nonetheless, the Board afforded the applicant opportunity to present its plans for preliminary and final site plan approval."
The answers to the complaint from the Planning Board, borough, and i.Park say that the application was deemed complete but deny the rest of that claim. The Board’s resolution also said the Board "offered significant constructive criticism" to the proposal at that meeting.
The resolution then said proper notice was made and a hearing was held Dec. 18, 2007. Woodcliff Realty appeared at that meeting and asked the Planning Board not to take action that evening because of the improper notice for the August meeting.
It wanted to participate in the hearing as an "interested party" with an opportunity to cross-examine i.Park’s witnesses and present its own. The Board denied the request and said Woodcliff can participate during the public comment portion.
Woodcliff also objected to Merse and Rose voting on the Planing Board for the application since they had also been part of the negotiations for the redevelopment agreement between the borough and i.Park.
Representatives from a condominium association in North Bergen came to the August and December meetings and said it hadn’t received notice of the meeting despite being within 200 feet of the development property. But the Planning Board and i.Park said the list given by the tax assessor didn’t list that property.
Woodcliff Realty also alleged that despite its request to carry the meeting over to another date, the planning board extended the meeting past its 10 p.m. curfew. According to the defendant’s answers, the borough and i.Park agree to that assertion and the Board’s answer neither admits or denies it.
The Planning Board approved the second phase application from i.Park Jan. 28.
Attorneys for all the parties involved met with Judge Joseph Conte in Bergen County Superior Court April 14 for a case management conference. The date of the trial was set at July 11 at 9 a.m. The trial is estimated to last one and a half days.
Borough Administrator Gregory Franz couldn’t be reached for comment.
