POST OFFICE PLAN OPPONENTS FILE SUIT CLAIMING PROCESS IS ILLEGAL

Planned post office redevelopment

A group opposing the planned Maplewood Village Post Office redevelopment plan has filed suit against the developers, the Township, and the Maplewood Special Improvement District, which is overseen by the Maplewood Village Alliance, claiming the approval process was not properly followed for the project.

The suit, brought by Village Keepers Inc., was filed in Essex County Superior Court on May 26, according to a copy obtained by Maplewoodian.com. Township officials were formally served with the suit today.

See the lawsuit HERE.

Former post office, slated for demolition

It also names Maplewood Redevelopers, the local company formed by JMF Properties to oversee the redevelopment plan that seeks to construct a three-story project at the former post office site, with 20 apartment units and five retail stores.

The legal action seeks to block approval of the project by the Maplewood Village Alliance, citing the MVA's approvals on April 8 and May 6. It includes three counts of what the plaintiffs contend were improper actions by the Township and the MVA in its process for approving the plan.

Count One claims a failure to demonstrate a "significant financial hardship" prior to allowing demolition of an existing structure within a Special Improvement District -- in this case, the former post office building.

Count Two claims the township violated its Design Review Process by failing to submit a site plan prior to seeking MVA approvals. "The plans submitted to the Alliance and considered by the Alliance at its May 6, 2015 meeting were not a site plan, but only a building design plan without adequate site plan details," the suit alleges.

And Count Three claims such actions amount to an "arbitrary and capricious action," stating, "in its deliberations on the Application on both April 8, 2015 and May 6, 2015, the Alliance failed to make any written decision, finding of fact or conclusions of law concerning the basis for its decisions."

It later added, "The Alliance's approval of the application was arbitrary and capricious, unreasonable, and contrary to law and to the testimony and evidence presented."

Township Attorney Roger Desiderio declined comment to Maplewoodian.com, stating via email that the Township does not comment on pending litigation.