November 20, 2008  
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i.Park suit settled out of court

(by Sam Passow - June 11, 2008)

Construction on the new municipal building and police station can continue after a lawsuit between the property owner, i.Park Edgewater, and a neighboring North Bergen condominium was settled out of court.

Woodcliff Realty Associates filed a complaint March 13 against i.Park Edgewater LLC, the borough’s 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.

Woodcliff Realty alleged 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 for $3.7 million, although the borough bonded $5.5 million for the project.

The trial was scheduled for next month. But Borough Attorney Phil Boggia sent Borough Clerk Barbara Rae a letter June 2 with a "stipulation of dismissal with prejudice" from Woodcliff Realty’s attorney Ira Weiner.

"I’m not able to go into the terms of the agreement but the parties we’re able to come to an agreement so we’re dismissing it," Weiner said.

Mayor Nancy Merse and Council President Neda Rose were mentioned in the suit because Woodcliff Realty said they had a conflict of interest by voting on i.Park’s planning board application after being involved in the negotiations for i.Park’s development agreement with the borough.

"I’m very glad it was over," Rose said. "I felt it was a frivolous lawsuit."

Rose said that New Jersey law says the mayor and a council member have to serve on the planning board.

Independent Council members Beatrice Robbio, David Weschler, and Denis Gallagher said at recent mayor and council meetings that they were upset that Boggia never mentioned the suit in his reports to the Council.

"It’s very hard to have a reaction to something that you know nothing about," Robbio said. "This is a major lawsuit and we don’t know the terms of the settlement."

Merse said the settlement was done between i.Park and Woodcliff Realty and didn’t involve the borough.

"It didn’t cost the borough anything except for the attorney to file a response to the complaint," Merse said. "I’m glad it’s over so the work can continue."


 

 

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