Jones Lang LaSalle
Hartz Mountain sues over a neighbor's drainage plan
Firm wants county OK for Hanover runoff proposal overturned
Thursday, February 16, 2006
BY LISA VERNON-SPARKS
Star-Ledger Staff
A Secaucus real estate company is seeking to overturn Morris County's approval of a road drainage plan that would allow a Hanover Township car company to build a new dealership.
This is the second time in five months that Hartz Mountain Industries Inc., the largest private owner of commercial real estate in the United States, has sued the county over this issue.
In the latest suit, filed yesterday, the company charged that the county overstepped its authority in approving Warnock Motors' drainage plan. The runoff would overload Hartz's detention basin at its Hanover Square development and affect the adjacent property and future plans at that site, according to the suit.
The freeholders "were arbitrary, capricious and unreasonable" in their decision, and their actions, and those of the county planning board, were contrary to the policies contained in the State Planning Act, according to court papers filed in Morristown.
"Bottom line, they are still dumping water from their property to ours without permission. They have never sought our permission," said Irwin Horowitz, an attorney for Hartz. "They were looking for an exemption from all county regulations. They are taking advantage of our property and that's something we don't think is correct."
The State Planning Act allows county planning boards to issue approvals for site plans that comply with county standards, solely to be considered for the "limited purpose of assuring a safe and efficient county road system," according to court papers filed in Morristown.
Hartz contends the county "exceeded its authority," and because it violated its own rules, the action is void, Horowitz said.
Freeholder Director Margaret Nordstrom said Hartz came to the freeholders previously to ask the board to overrule the planning board's decision. The board listened and decided it was perfectly comfortably with the actions taken by its board, Nordstrom said.
Warnock wants to build a 63,935-square-foot building for a Lexus dealership, to include sales and service, plus parking for 957 cars on a 15.5-acre tract. The property abuts a 45-acre parcel bounded by Route 10, Melanie Lane and Algonquin Parkway owned by Hartz.
According to the suit, all of the drainage from the Warnock site would be shunted onto the Hartz property. Doing that would use up all of the water detention and wetlands capacity on the Hartz property.
The first time Hartz sued the county was in September. A Superior Court judge remanded the case to the freeholders for a second hearing, which garnered the same results: The freeholders upheld the county planning board's decision.
Hartz Mountain sues over a neighbor's drainage plan
Firm wants county OK for Hanover runoff proposal overturned
Thursday, February 16, 2006
BY LISA VERNON-SPARKS
Star-Ledger Staff
A Secaucus real estate company is seeking to overturn Morris County's approval of a road drainage plan that would allow a Hanover Township car company to build a new dealership.
This is the second time in five months that Hartz Mountain Industries Inc., the largest private owner of commercial real estate in the United States, has sued the county over this issue.
In the latest suit, filed yesterday, the company charged that the county overstepped its authority in approving Warnock Motors' drainage plan. The runoff would overload Hartz's detention basin at its Hanover Square development and affect the adjacent property and future plans at that site, according to the suit.
The freeholders "were arbitrary, capricious and unreasonable" in their decision, and their actions, and those of the county planning board, were contrary to the policies contained in the State Planning Act, according to court papers filed in Morristown.
"Bottom line, they are still dumping water from their property to ours without permission. They have never sought our permission," said Irwin Horowitz, an attorney for Hartz. "They were looking for an exemption from all county regulations. They are taking advantage of our property and that's something we don't think is correct."
The State Planning Act allows county planning boards to issue approvals for site plans that comply with county standards, solely to be considered for the "limited purpose of assuring a safe and efficient county road system," according to court papers filed in Morristown.
Hartz contends the county "exceeded its authority," and because it violated its own rules, the action is void, Horowitz said.
Freeholder Director Margaret Nordstrom said Hartz came to the freeholders previously to ask the board to overrule the planning board's decision. The board listened and decided it was perfectly comfortably with the actions taken by its board, Nordstrom said.
Warnock wants to build a 63,935-square-foot building for a Lexus dealership, to include sales and service, plus parking for 957 cars on a 15.5-acre tract. The property abuts a 45-acre parcel bounded by Route 10, Melanie Lane and Algonquin Parkway owned by Hartz.
According to the suit, all of the drainage from the Warnock site would be shunted onto the Hartz property. Doing that would use up all of the water detention and wetlands capacity on the Hartz property.
The first time Hartz sued the county was in September. A Superior Court judge remanded the case to the freeholders for a second hearing, which garnered the same results: The freeholders upheld the county planning board's decision.
posted by Jones Lang LaSalle NJ News Blog at 10:08 AM
<< Home