A New Jersey developer has racked up its second big win in court over its plans to build a warehouse project, all in a state that's representative of battles between opponents and proponents of industrial development nationally.
A Superior Court judge in Gloucester County on Friday reversed Harrison Township's decision to deny approval for a project proposed by Russo Development, based in Carlstadt, New Jersey. In a 16-page opinion, Judge Benjamin Telsey ruled that the municipality's action on Dec. 15 last year was "arbitrary, capricious and unreasonable."
Telsey's decision should pave the way for the company to resume its plans to construct a 2.1 million-square-foot complex with four warehouses on 160 acres in rural Harrison Township near Philadelphia. An attorney for the township declined to comment, as did a representative for Russo Development.
Last month, Telsey dismissed another lawsuit relating to Russo's project. In that case, the judge threw out a suit filed by opponents who wanted to nullify the township's redevelopment plan.
There have been intense battles across New Jersey over the burst of industrial development, with opponents of "warehouse sprawl" crowding public meetings and even filing litigation to stop projects. There have been fights in other parts of the nation, such as California, but none more so than New Jersey. The state has been a magnet for warehouses and distribution centers because of its location in a densely populated region and its proximity to major airports and seaports.
Proponents of warehouse projects argue that the industry is a huge job- and revenue-generator for the state and shouldn't be curtailed. And New Jersey developers have said that because of pressure from the public, and fears about being re-elected, municipal officials have unjustly rejected warehouse developments slated for areas of towns that are zoned for industrial use.
The suit was filed against the Harrison Township Joint Land Use Board, which rejected Russo Development's plans at its December meeting.
In his ruling, Telsey noted that the meeting to consider the proposal was a raucous gathering where Mayor Louis Manzo recused himself from voting.
"This hearing was met with public interest as demonstrated by the approximately 300 persons in attendance as well as the presence of television news crews," the judge wrote. "The hearing quickly got out of control, as numerous members of the public continued to disrupt by shouting, taunting and verbally abusing both [Russo Development] and the board. The public made it clear that they were against the application."
The township later claimed that Russo Development had failed to satisfy concern about ingress and egress to the warehouse site.
The judge didn't agree.
"The court finds ... the outrage of the crowd influenced the board to find a reason to deny the application," Telsey wrote. "The issue of the ingress and egress was a last-minute attempt to find some reason to deny the application but was not supported by any evidence."