West Windsor’s ongoing legal battle against InterCap Holdings is now heading to trial — even though it is not likely that trial will begin before the winter.
West Windsor’s attempt at thwarting a trial was shot down on June 22, when the Appellate Division of the State Superior Court denied the township’s interlocutory appeal to do so.
“We’re now going to go to trial on the issue of whether there is substantial credible evidence supporting the 2005 declaration of the area in need of redevelopment,” said West Windsor Planning Board Attorney Gerald Muller.
InterCap Holdings submitted its expert reports — as part of the process and timeline originally set by Superior Court Judge Linda Feinberg — earlier this month. West Windsor officials are currently compiling their own expert reports, and it has two months to do so. Following that, there are other legal timelines, include depositions, before a trial date is set. Muller said he does not expect a trial to take place until the winter, at least.
Muller said West Windsor officials are disappointed in the denial of the motion, but said they knew it was a long shot. “The courts generally discourage piecemeal appeals,” he said. “We thought there were special circumstances warranting the court accepting the appeal.”
The case involves InterCap’s challenge of the designation of the township’s 350-acre Princeton Junction train station area as “in need of redevelopment.” A rule in the developer’s favor could, in the worst case scenario, void the township’s redevelopment plan.
However, the township had filed the motion to the Appellate Division to question whether InterCap had a right to challenge the designation of the area in need of redevelopment since it had not filed a motion for three-and-a-half years and then participated in the redevelopment process, township attorneys said. The motion was filed after Superior Court Judge Linda Feinberg ordered that both sides prepare for a trial on the matter, and then re-affirmed her decision when West Windsor appealed.
The most recent denial came from Appellate Division judges William P. Gilroy and Paulette M. Sapp-Peterson, who did not include any written comments. The denial came in a one-page response containing only one sentence denying West Windsor’s motions.
The township’s motion was filed soon after Feinberg denied the township’s motion for reconsideration of her earlier decision, which ordered West Windsor to provide documentation from the Planning Board redevelopment review process in preparation for a trial on the “sufficiency” of the designation.
“The court shall conduct a trial on the validity of a blight declaration for all of the properties in the redevelopment area,” ordered Feinberg.
The ruling was part of a lawsuit filed by InterCap Holdings challenging the redevelopment zoning. A trial date has still not been set, but in June, InterCap was given 60 days to submit its expert reports and submissions for the court. Following that, West Windsor will receive 60 days to submit their reports and information. And following that, there is a 30-day period for depositions of experts and fact witnesses.
InterCap Holdings CEO Goldin has said InterCap has already submitted three settlement offers, none of which received a response from the township. Meanwhile, Goldin continues his advertising campaign, with two full-page ads in this newspaper (see page 4 and 5), calling again on residents to urge the township to come to a settlement.
Goldin’s advertising campaign has drawn some comment from township officials in the past, who called his advertisements misleading, and have hinted that the campaign has actually hurt InterCap’s position at the negotiation table.
InterCap attorneys have already said that its efforts will not stop at invalidating the redevelopment plan. Nullifying the redevelopment plan would pave the way for InterCap to seek to have its previous zoning also voided. If the redevelopment plan or process is invalidated, attorney Richard J. Hoff Jr., of the Bisgaier Hoff law firm of Gibbsboro, has said the developer will re-file a previous lawsuit that challenged the old commercial zoning of the property.
