Judge Hears Arguments In Basking Ridge Quarry Lawsuit

BASKING RIDGE, NJ — Representatives from Bernards Township and the Millington Quarry each argued their sides at the Somerset County Courthouse in Somerville on Monday morning in the ongoing legal battle over the 179-acre property on Stonehouse Road.

Mark Morgan of Parsippany, who is representing MQI in the suit filed against the township on March 13, claimed the creation of the newly formed Bernards Township Quarry Advisory Task Force violates an April 29, 2014 legal settlement where only an Oversight Subcommittee was allowed to be formed to address any issues concerning the implementation of the last approved plan — the 2011 Millington Quarry Rehabilitation Plan.

Bernards Township Attorney John Belardo said in court Monday that the advisory committee is just offering advice to the committee. He noted the settlement agreement does not limit the amount of committees allowed.

Bernards Township had also filed a cross-motion on March 20 alleging that MQI breached the 2014 settlement agreement and township quarrying ordinance by failing to submit a revised rehabilitation plan by October 2016 to show how they intend to clean up the "environmental contamination" on the property.

Morgan said in court that MQI had in fact submitted a rehabilitation plan on Oct. 31, 2016 and requested a hearing, but the township did not address it.

"There is simply no legal basis under this settlement to insist that we now submit a revised rehabilitation plan. We have been bound by this settlement," Morgan said.

Morgan noted that he believes the township just wants to try and rope MQI back in to prolong the process at the property for a few township committee members' political agendas.

"This settlement agreement was intended to terminate the litigation not to invite new litigation. That is why we are asking judge to enforce the settlement as it," Morgan said. "The Quarry is prepared to honor its commitment. The township should do the same."

Belardo pointed to what MQI has already done including only bringing in 23,000 cubic yards of clean soil instead of 233,000, which was expected. Additionally, he added that only 41 percent of the rehabilitation plan has been completed as of this time.

As a result, 50 acres of land, "in the heart of the township, the crown jewel of the township," is polluted and contaminated, Belardo said.

"We have a right under the settlement agreement… to see a revised rehabilitation plan," Belardo said. "This is a paramount concern to the township …. This is something the township has an absolute right to oversee."

"There are no ulterior or nefarious motives of the township. We just want to see at the end of the day, 'Where are you? What’s the remaining game plan?' We want to see a revised rehabilitation plan submitted," Belardo said.

Judge Thomas Miller said he would make a decision later this week regarding the lawsuit filed by Millington Quarry Inc. (MQI) and the cross motion filed by Bernards Township.

The controversy over the quarry property came under fire following a redevelopment concept plan and new zoning proposal for the property that called for a hotel, housing, restaurants, retail stores, a farm and a lake. (See Related: Residents Not Happy With Proposed Quarry Plan In Basking Ridge)

The opposition from residents stemmed from concerns of contamination and over development. Residents even formed a Stop The Quarry Plan (STQP) group to oppose the plans. The township committee ended up rejecting the plan last January as a result. (See Related: Basking Ridge Rejects Quarry Plan)

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