Committee Plans to Settle South Avenue Lawsuit

A developer can now build 163 housing units, including 24 affordable housing units, on the 5-acre site at 555 South Avenue East. On Tuesday night, the Cranford Township Commitee approved the settlement of a lawsuit that the developer, Lehigh Acquisition Corp., filed against Cranford. 

The measure passed 4-1, with only Commissioner Daniel Aschenbach dissenting, citing his unwillingness to take the settlement. 

"I think this town should take this case as far as we can," he said, adding that he believes the units represent a breach on the "small town feel" of Cranford.

 However Both Mayor Mark Smith and Commissioner David Robinson both strongly emphasized that the township lost the lawsuit. In fact, if Cranford does not accept the settlement, both officials said the township will face more legal fees and the ruling might require Cranford to allow the developer to place even more units on the site.

"If we don't settle there will be more litigation, more costs, more units and will be more pretending that the township (won't need) to follow state law," Smith said.

When asked by a member of the public if the township can appeal the decision, township attorney Carl Woodward said, "you have an option to appeal but given the facts, it's my opinion (we'll) lose that appeal too."

Some public commenters at the meeting passionately leaned towards Aschenbach's side and asked the Committee to fight it out, while others voiced support for the viewpoint of the other four commissioners – although no one wanted to see high density housing put into place, those commenters said they believed the settlement was the best solution given the circumstances.

The Lawsuit

Lehigh Aquisitions Corp. filed what is known as a "builder's remedy" suit against the township in 2008, a day after the township requested the developer bump down its housing plan from 126 units to 90.

The developer alleged that the township has not provided adequate affordable housing as required under the state 1975 Mt. Laurel decision. 

Before voting 'yes' on the measure, Robinson said due to Cranford's failure to receive COAH certification in the past, the township will have to make up for it by providing more housing within the township. "We can click our heels all we want but we're not going back to Kansas."