Lawyer: Judge Dismisses Township's Request For Crossroads Judgment
Declaratory judgment request denied
Bergen County Superior Court Judge Alexander Carver dismissed the Mahwah Planning Board's request for a declaratory judgment on the applicability of the state's new "time of decision law" to the Crossroads shopping center application, Crossroads attorney Jim Jaworski confirmed Friday afternoon.
"Judge Carver dismissed it in its entirity," he said. "We view this as having one of several litigations involved with this project out of the way."
In October, Mahwah’s Planning Board sought the special judgment to determine whether or not the new law applied to the Crossroads application. "Time of Decision" says that the land use laws in place when a developer submits a site plan is the law that application is subject to. However there has been no case yet that has tested the implementation of the law.
Since the developer filed the plan for the “Crossroads Town Center” one day before the town council repealed the zoning ordinances allowing for it, there have been questions about how the law would be applied in this case. The board asked whether or not hearing the 750,000 sq. foot development's application was within its purview to hear, considering the new law.
Due to the dismissal of the request for a judgment, Jaworski said he believes the public hearing scheduled to begin on the Crossroads application Monday should go ahead as scheduled. "We are ready to go," he said.