Lawsuit Filed Over Bridgewater's Warehouse Restrictions

BRIDGEWATER, NJ — A lawsuit has been filed by property owners on Route 22 after Bridgewater passed an ordinance in October 2022 removing "warehouse use" as a permitted use in specific areas of the township.

"Rampant over-development – particularly as it concerns mega-warehouses – has been an ongoing concern for myself and the Township Council here in Bridgewater. That is why, in October of last year, I proposed and the Council unanimously passed an ordinance removing warehouses as a permitted principal use in the M-1, M-1A, M-1B, M-1C, AND M-2 zones. This measure dramatically expanded the amount of oversight, authority, and power the Township Land Use Boards have over these community-altering warehouse applications," said Bridgewater Mayor Matthew Moench.

• Related: Warehouse Use Limited In Bridgewater, Council Introduces Ordinance

The lawsuit was initially filed in November 2022 by property owners 1200 Route 22 Land Investors, LLC and 1200 Route 22 Land Holdings LLC, who are both based in Teaneck,. They are being represented by Kevin J. Coakley of Connell Foley LLP. A case management conference between the property owners and the township has been scheduled for June 15.

In the lawsuit, the property owners claim the Township Council's adoption of Ordinance 22-30 "was arbitrary, capricious and unreasonable because Ordinance 22-30 constituted a drastic reversal of the Township’s land use policy without any reasonable planning process."

Together the property owners purchased five lots of land located along Route 22, and just half a mile from Interstate 287 for a total of $27 million on Oct. 27, 2022. One of the lots has an office building already while the other lots are undeveloped.

The lots include:

• Lot 1.02 (1220 Route 22)
• b. Lots 1.04, 2 and 2.01 (1210 Route 22 and Woodside Lane)
• Lot 1.03 (1200 Route 22)

"To exclude Warehouse uses in the M-1B zone in which Plaintiffs’ Property is located is irrational given its proximity to Interstate Route 287 and surrounding principal and accessory uses in the area that allow Warehouse use and trucking terminals," according to the lawsuit.

The lawsuit claims that by the Council adopting the ordinance it denied the property owners "equal protection of the law, as well as rights, privileges, and/or immunities secured to it by the New Jersey Constitution and New Jersey law by unlawfully interfering with its property rights and Plaintiff has and will continue to suffer damages as a result of Defendants’ actions."

The lawsuit is looking to get the township's ordinance declared "null and void" and that it violated "Plaintiff’s substantive right to develop its property free from an illegal development moratorium."

Additionally, the property owners are asking that the township pay for their attorneys’ fees, costs, and expenses.

"We stand firm in our resolve and vision – a vision that protects our residents’ quality of life while continuing this Administration’s fight against over-development. The Township acted definitively within its authority and executed the passage of this ordinance in compliance with all relevant laws and regulations," said Moench. "We will use every legal avenue and mechanism at our disposal to defend the Township against this unfounded lawsuit and we are confident that we will deliver a positive result for the community. Together, we will continue to create a livable, prosperous, and peaceful community to pass to our children."

See the full lawsuit below:

CivilCaseJacket (1) by Alexis Tarrazi on Scribd

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