Hoboken vs. Shipyard: Legal Battle Headed To Supreme Court, Zimmer Says

HOBOKEN, NJ — The long-running Shipyard vs. Hoboken legal battle may be headed to the New Jersey Supreme Court, Mayor Dawn Zimmer says.

The long-running legal battle – which has already cost the city $1 million and counting – won’t end with the Appellate Court’s Aug. 2 ruling, Zimmer stated in an emailed message earlier this week.

“Despite this setback, I am directing our legal team to continue the legal battle by requesting certification from the Supreme Court to hear this matter,” Zimmer wrote.

Don’t forget to visit the Patch Hoboken Facebook page here.

The dispute started over a planned residential development on a platform pier on the city’s north waterfront.

Hoboken opposed the development, which would have resulted in 70 luxury apartments replacing the tennis courts which had once been planned for that location, officials said.

• See related article: Hoboken Will Challenge Court's Decision to Approve Pier Construction

Five other legal disputes with Shipyard and Applied Monroe Lender followed, including a conflict over an effort to increase residential development at the 800 Monroe site on the western side of the city.

So far, the collected lawsuits have cost the city at least $1 million, city administrators previously stated.

• See related article: Hoboken Spends $1M Fighting Developer, Nears Settlement With Shipyard

APPELLATE COURT: ‘BOARD YIELDED TO PUBLIC PRESSURE’

Here’s what the panel of appellate court judges wrote about the case:

“If there is a lesson to be learned from this case, it is that the rule of law is paramount and cannot be sidestepped to avoid deciding unpopular land use applications. As here, failure to follow the law may insure the success of an application that local objectors vigorously oppose. We appreciate that it may be difficult for planning board members, who are unpaid appointees, to stand firm in the face of vocal objectors and carry out their statutory duty. We have read the transcript of the July 10, 2012 board hearing, in which objectors were interrupting the proceedings and shouting, ‘we want tennis courts.’ However, the planning board was obligated to hear Shipyard's application, no matter how controversial it was.”

“Ironically, had the board considered the application on its merits, it had authority to deny the application unless Shipyard's evidence justified modifying the original PUD approval which included the tennis courts. But, because the planning board yielded to public pressure, and refused to hear Shipyard's application, the result is automatic approval of the application.

“Finally, we note that the application Shipyard submitted, and which was automatically approved, promises that Shipyard will construct a publicly accessible waterfront walkway around the perimeter of the Monarch project development. Shipyard's counsel has represented that Shipyard must build and maintain the publicly accessible waterfront walkway as a condition of DEP's approval of its permits. We likewise construe that commitment to be a condition of the automatic approval.”

Read the full court opinion here.

ZIMMER: 'LEGAL TEAM IS PREPARING'

Mayor Dawn Zimmer sent the following statement about the court decision and her administration’s next steps.

“Now that this decision has been made, the case regarding the city's flood prevention ordinance will move forward beginning at the Superior Court level. This legislation, approved by the City Council after Superstorm Sandy, prohibits residential development on the garden/ground level in all flood zones in our city and generally prohibits residential and commercial development on our city's waterfront. This legislation was unanimously approved by the City Council in 2013 to protect the public safety of future residents and to protect our public safety team which would have to respond in a dangerous situation when another superstorm hits Hoboken. Shipyard’s litigation claims that this legislation should not apply to their proposed waterfront development project.

“Making rescues on a pier in the middle of another superstorm will be dangerous for the first responders and the residents of the buildings, and the city will fight for our right to protect lives as we face the impact of climate change. Science shows that Hoboken is unfortunately at risk of another Sandy-like storm given the impact of climate change and rising sea levels.

“This flood prevention ordinance legal case is at the beginning stage, as the Superior Court judge determined that the other legal decisions needed to be made before the flood prevention ordinance could be heard. Given the track record of the other cases, it could take a long time for this matter to make its way through the court system. Our legal team is actively preparing to vigilantly defend this case.

“With the understanding that it would be a challenge for the city to prevail in this litigation, last year my administration put forward a proposed settlement that would stop the Monarch project and give the city ownership of the pier in exchange for settlement of development litigation at 800 Monroe. I want to make clear that based on strong community feedback and the City Council's unanimous decision last year to reject the proposed settlement, my administration is not willing to consider a settlement that would link the two development cases and force a neighborhood in western Hoboken to take on more development. I fully recognize that a settlement that adds density to the western side of the city would not be fair.

“The city won the 800 Monroe development case at the Superior Court and is continuing to fight that case in the Appellate Court.”

Send local news tips, photos and press releases to eric.kiefer@patch.com

Photo: Flickr Commons