Judge Sets Date For Decision In Moorestown Pennrose Case

MOORESTOWN, NJ - The judge in the case involving Moorestown residents and developer Pennrose has set a date in which a final decision should be rendered concerning summary judgement in the case.

Judge Ronald Bookbinder set March 25 as the date in which he will render his decision. It’s a decision residents and the township have been anticipating for some time.

Last April, Pennrose served 62 residents and two businesses that own property near the site that the developer is looking to have a restrictive covenant invalidated so it can begin work on the project.

Pennrose is looking to build a four-story building with 75 units that will help to satisfy the township's affordable housing obligation by 2025. In order to build there, a restrictive covenant that states "no dwelling can be built on less than half an acre of land, and that no dwelling that costs less than $5,000 shall be erected on any lot of ground of said premises" must be lifted.

Property owners in the area have been named as defendants because they own real property in Moorestown and Mount Laurel that is subject to the restrictive covenant. Pennrose wasn't seeking any monetary judgement, but residents have spent thousands of dollars in legal fees fighting Pennrose.

They say that the introduction of a four-story building will change the character of the neighborhood. They say a two-story building would be better because it would fit in with the small neighborhood feel the residents wanted when they moved into the area.

The site near Route 38 in which Pennrose wants to build on at one time was a large, 61-acre farm, but has since been sub-divided into 47 individual properties, some of which are in Mount Laurel.

In January, residents went before Moorestown Council asking the township to help get the case moving. At that time, Councilman Brian Donnelly suggested the residents ask for mediation in the case. Read more here: Pennrose Affordable Housing Plan Remains In Limbo Amid Lawsuit

Mediation is not possible in the case. At its Feb. 25 meeting, council passed a resolution calling on the Superior Court of New Jersey to promptly render a decision in the case. Read more here: Moorestown Council Calls On Judge To Rule In Pennrose Case

The resolution was passed unanimously, but has no binding effect on the judge in the case. However, it was shortly after that that the judge set the March 25 date.

The township is interested in seeing a resolution to the case so it can move forward fulfilling its obligation of 1,667 new affordable homes by 2025 in an agreement it reached with the Fair Share Housing Council in 2017. Read more here: Moorestown Council Approves Deal With Fair Share Housing Center.