By Ron Hine | FBW | July 7, 2015
An analysis by FBW’s legal team finds the legal arguments to be straight-forward and that the developer was bound by the agreement it signed with the City to provide open space as part of its approved Planned Unit Development. FBW lawyers believe that Judge Patrick Arre misconstrued the 2008 New Jersey Supreme Court ruling of Toll Bros. v. Bd. of Chosen Freeholders of Burlington when he decided in favor of the developer. Also, the automatic approvals granted in the lower court by Judge Arre and Judge Rodriguez represent an egregious disregard of due process of the law.
The developers of the Monarch project have also filed suit in federal court challenging the City of Hoboken’s amendment to its flood ordinance and corresponding zoning regulations that prohibit building residential and commercial projects on piers, over the Hudson River. In June, Shipyard Associates requested permission of the court to file a motion for summary judgment. On June 25, federal Judge Falk denied this request stating that it would not consider any motions asking for a decision that might conflict with rulings by the state court, referring to the case now before the Appellate Division.
The passage of the Hoboken ordinances were guided by recent changes to state and federal regulations pertaining to the Coastal High Hazard Flood Zone that are designed to protect the public’s health and safety. The developer will have a difficult time convincing a federal court that it should be allowed to circumvent these ordinances and thus build a residential project over the Hudson River that potentially could put people in harm’s way. Discovery in federal court in the case of Shipyard Associates v. City of Hoboken is scheduled to continue through the end of this year, ending on December 28, 2015.
Monarch Towers litigation grinds on as public opposition persists
Federal judge grants FBW opportunity to help defend Hoboken’s flood ordinances
FBW motion to intervene in federal court granted
FBW Brief (filed 06-13-2014)
Developers challenge Hoboken flood ordinance in federal court
Judge grants automatic approval for controversial Monarch Towers
Monarch Towers described as classic case of bait and switch
Monarch Towers now in FEMA’s Coastal High Hazard flood zone
Gov. Christie vetoes bill that could jeopardize flood insurance eligibility
City sues Monarch developers for breach of contract
County Planning Board stuns Monarch developers with “no” vote
DEP flouts its permit to restore pier as open space
Shipyard’s plan to privatize pier