Developer Sues Toms River Over Repeal Of Downtown Redevelopment Plan
TOMS RIVER, NJ — The developer of the proposed downtown apartment building along the Toms River has filed a lawsuit over the town’s move to repeal the downtown redevelopment plan.
Meridia Toms River 40 Urban Renewal LLC filed the lawsuit Dec. 24 alleging civil rights violations and conflicts of interest over the repeal of the plan, which was approved by the Toms River Planning Board on Dec. 4 and finalized in a second vote on an ordinance by the Township Council on Dec. 18.
The lawsuit names the town, the council and the planning board. It also names Peter Pascarella, in his position as assistant township attorney. Pascarella also sits on the planning board along with Mayor Daniel Rodrick.
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Michael J. Coskey, the attorney for Meridia Toms River 40 Urban Renewal, had warned the council and township officials the lawsuit would be filed at the Dec. 18 meeting.
“The Defendants have pursued a course of conduct with the purpose of obstructing Plaintiff’s rights to develop its property within the Township. The adoption of the Ordinance is merely another illegal attempt by the Defendants in their efforts to prevent Plaintiff’s development,” the lawsuit says. “This action seeks to invalidate the illegal and invalid adoption of the Ordinance and seeks redress against the Defendants due to their illegal conduct.”
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This is the second lawsuit Meridia has filed against the township. The first, filed in August, accuses the town, at Rodrick’s direction, of dragging its feeton needed paperwork and actions to push the project into missing deadlines, which Rodrick then used as a basis for terminating the project.
The new lawsuit alleges the township council had to have a supermajority to approve the ordinance that rescinded the 2019 downtown redevelopment plan because of a protest petition signed by multiple downtown property owners protesting the move to rescind it.
It also says the township is now violating a legal agreement it entered with the Fair Housing Council over affordable housing provisions in the town.
It alleges Pascarella had a conflict of interest in advising the council on the ordinance because he is a voting member of the Planning Board, and because he drafted the ordinance that he voted to approve as a planning board member.
It also alleges Councilman Justin Lamb has a conflict of interest in voting on the ordinance, saying he or an immediate family member owns a property in the redevelopment area and maintains an office in the redevelopment area.
At the Dec. 18 council meeting, Rodrick rejected the claims that Coskey made that are detailed in the lawsuit, saying the town would win against those claims in court. Township attorney Gregory McGuckin told Rodrick and Pascarella not to respond further because of Coskey’s announcement that Meridia would sue.
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