South Brunswick Accuses Judge Of Conflict Of Interest In Affordable Housing Battle

SOUTH BRUNSWICK, NJ — As part of the ongoing battle over affordable housing in the Township, South Brunswick has now levied a new accusation: a Superior Court judge who last year ordered South Brunswick to build affordable housing enjoyed a cozy relationship with a prominent New Jersey affordable housing developer.

The judge, Hon. Douglas Wolfson, has since retired from the bench and now works as general counsel for the developer, Jack Morris, at his firm Edgewood Properties. Wolfson also now works at the Weingarten Law Firm in Parsippany. Morris' wife is Sheryl Weingarten, who runs the Weingarten Law Firm.

While he was a sitting judge, Morris or his entities paid for vacations for Judge Wolfson and his wife, Jeff Surenian, the lawyer representing South Brunswick, alleges. Surenian says the judge should have recused himself from making any development decisions in South Brunswick while enjoying a personal friendship with the developer.

A call to Edgwewood Properties trying to reach either Morris or Wolfson was not returned.

According to Surenian, Morris or his companies paid for, at least partially, up to 32 vacations for Judge Wolfson and his wife, including trips on a private jet to Boca Raton, the Bahamas and Sag Harbor. Nineteen of those trips occurred while he was a sitting judge and seven of them while he presided over the South Brunswick case, Surenian said. Surenian got the information from disclosure forms Wolfson's wife, the Hon. Freda Wolfson, was required to submit in her role as a federal judge.

In the spring of 2016, Wolfson spoke openly about flying aboard Morris' private jet.

Edgewood is a well-known developer of affordable housing in New Jersey. Before he became a judge, Wolfson represented Edgewood and other developers in affordable housing legal battles.

The Fair Share Housing Center, which advocates for affordable housing in New Jersey, said Surenian's argument has no merit. They filed as an intervenor in the South Brunswick case, filing this brief that argues there is no conflict of interest since Edgewood is not currently looking to develop housing in South Brunswick Township.

"As far as we know," replied Surenian. "Judge Wolfson made rulings that dramatically affected the interests of the citizens of South Brunswick, the county of Middlesex and the state of New Jersey. Mr. Morris stood to benefit from those rulings not only at the time, but also in the future."

In 2016, Judge Wolfson ordered South Brunswick to give permits to nearly 3,000 new affordable housing units to be built over the next eight years. The Township immediately protested, saying that number was far too high. South Brunswick officials said new development will clog local roads and schools, and destroy what little remaining open space is left in the Township. Additionally, South Brunswick argued development decisions should be made by the municipalities, not handed down from a judge. South Brunswick instead says its obligation should be a maximum 927 affordable housing units.

The Wolfson-South Brunswick battle goes back a long time: Wolfson had previously ruled in 2005 that South Brunswick, and other Middlesex County towns, could not cap its affordable housing requirement at 1,000 units.

According to Surenian, Wolfson's decision can give developers a powerful weapon to force South Brunswick, well as many other municipalities, to capitulate to their zoning demands.

On Aug. 3, South Brunswick Township filed a motion asking a New Jersey appeals court to immediately review a decision by Mercer County Judge Douglas Hurd. In that decision, Judge Hurd denied the Township’s motion to set aside all of Judge Wolfson’s rulings in the South Brunswick case.

Photo via Wikimedia Commons

Past Patch reporting: South Brunswick Fights Back Against Affordable Housing Mandate