HDRB&B is pleased to announce a landmark legal victory for our client, the Borough of Edgewater, which marks the culmination of prolonged litigation spanning several years and sets the stage for transformative community development. This significant legal achievement was led by Joseph R. Mariniello, Chair of HDRB&B’s Municipal Law & Land Use Departments.
In 2017, a federal civil rights case was initiated against the Borough of Edgewater with plaintiffs seeking damages exceeding $100 million. The case was defended by then Borough Attorney, Mariniello, resulting in a settlement that involved no payment to the plaintiffs. Instead, a beneficial exchange was negotiated where plaintiffs provided the borough a valuable property estimated between $12-15 million dollars, in return for specific development rights, subject to approvals from the Borough’s Planning Board.
This settlement facilitated the approval of a development project that will significantly benefit the Edgewater community, including the construction of 1,200 units of waterfront housing and 180 units of affordable housing. Moreover, the agreement includes the development of a new school on the acquired property. This project is expected to invigorate the local economy, provide much-needed housing, and strengthen community services, setting a precedent for responsible and beneficial development.
The final approval came after the New Jersey Superior Court, Appellate Division, upheld the settlement and subsequent development approvals. The court’s decision reaffirms the legality and public benefit of the borough’s agreements and development plans.
Joseph Mariniello can be contacted at jmariniello@hdrbb.com