One Westfield Place Lawsuit Dismissed By Judge

WESTFIELD, NJ — A Union County Superior Court Judge has dismissed a lawsuit challenging the One Westfield Place project.

The lawsuit was filed by the group Westfield Advocates for Responsible Development in March 2023.

"The Court finds that Plaintiffs have failed to meet their burden, and the Court finds that the record demonstrates that the subject action of the Defendant Town of Westfield, here, the Governing Body, was not arbitrary, capricious or unreasonable, and was appropriately and adequately supported by the record," according to Judge Daniel R. Lindemann's judgement issued on Monday. (See the full judgement below)

"We were pleased to learn that the court ruled in favor of the Town in the One Westfield Place lawsuit initiated by the Westfield Advocate.... It reaffirmed the integrity of the process, our extensive due diligence, and the sound planning advice we received from our exceptional professionals which guided our decision-making," said Westfield Mayor Shelley Brindle at the Tuesday night Council meeting. "Regardless of how you feel about either of these redevelopment projects, the recent court decisions in the Town’s favor should reassure you that we are committed to operating with the utmost integrity and to a process that meticulously follows every legal protocol and is transparent, well reasoned, and informed."

The Westfield Advocates told Patch they "are currently considering our legal options" regarding the One Westfield Place ruling.

"The OWP project is not consistent with the master plan,” said Frank Fusaro with the Westfield Advocates. "Had the project been proposed under the current zoning in the town of Westfield, it would not meet the zoning standard."

Alison Carey, a member of the Westfield Advocates, also noted that residents lined up and spoke at previous Council meetings asking Councilmembers to meet them halfway.

"All of them were ignored. Petitions were ignored. Request for a referendum, that would just be an opinion poll, were ignored," said Carey, "Unfortunately, that’s what led to litigation. We’re not three people here who are just having fun filing lawsuits. We’re doing it on behalf of residents who have serious concerns with this excessive overdevelopment."

The Westfield Advocates had also previously filed a lawsuit against the town to prevent The Sophia project on Prospect Street and Ferris Place from being built. That lawsuit was also dismissed but on Jan. 25 the Advocates filed an appeal on that ruling.

"It’s important to know that the Westfield Advocates’ litigation has so far cost taxpayers $70,000 to defend, $50,000 for One Westfield Place and $20,000 for the Sophia. They have now filed an appeal in the Sophia case where taxpayers will once again foot the bill to defend a lawsuit that the Advocates themselves have admitted they have little to no chance of winning, while they also continue to solicit donations to support their legal fees in both cases," said Brindle.

One Westfield Place was approved in a 7-1 vote on Feb. 14, 2023 by the Westfield Council.

The plan for One Westfield Plaza is to transform a total of 14 acres in town to connect the north and south sides of town. Seven of those acres are from the vacant Lord & Taylor store and the rest are acres already owned by the town including the Westfield Train Station. Read More: A Preview Of One Westfield Place: Walking Tour Led By Mayor Brindle

In summary, the plan will construct 138 55-and-older residential units (including 21 affordable ones), 16 age-restricted townhomes with a public dog run, 16 non-restricted townhomes with a public community garden, 100,000 square feet of office space, and 27,410 total square feet of retail space across the project and 13,300 square feet at the former Lord and Taylor building.

"With the litigation behind us, I want to reassure those who have concerns about One Westfield Place that we hear you. In spite of the heated rhetoric, we have never stopped listening, and neither has Streetworks," said Brindle. "As details of the plan are finalized, we continue to look for opportunities to address your concerns within the framework of the redevelopment plan without compromising our complex and favorable financial agreement while remaining true to the original vision for OWP. Specifically, as Streetworks formalizes potential tenants for their office space, we will be advocating for any compromises that can be considered in their leasing conversations which can address some of the input we’ve received and still deliver the best possible outcome for Westfield."

OWP ruling 2.26.24 by Alexis Tarrazi on Scribd

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