In a recent legal battle, two residents have taken on a township over a massive commercial development project. Justino Gonzalez and Stacey Joy Fox filed a complaint against the Township of West Windsor in New Jersey’s Superior Court, Law Division, Mercer County, on December 22, 2022. The complaint challenges the township’s adoption of a zoning ordinance that paved the way for a sprawling 5 million square foot commercial and industrial complex.
The plaintiffs argue that the township’s decision to rezone land for this project was not only arbitrary but also failed to consider their rights as neighboring property owners. They claim that the ordinance adoption process lacked proper notice and public participation, violating procedural due process. Additionally, they allege that the township’s actions were part of an improper quid pro quo arrangement with developers Bridge Point West Windsor, LLC and Clarksville Center LLC. The plaintiffs contend that these actions have resulted in unlawful spot zoning and neglected affordable housing obligations.
Gonzalez and Fox are seeking to overturn both the ordinance adoption and subsequent site plan approvals granted by the West Windsor Planning Board. They argue that these approvals were based on flawed expert testimony and insufficient evidence regarding traffic, environmental impact, and community effects. The plaintiffs demand a thorough review of these decisions and request injunctive relief to halt further development until their concerns are addressed.
Representing Gonzalez and Fox is attorney Robert F. Simon from Herold Law, PA. Defending the township are attorneys Gerald J. Muller and Martina Baillie from Muller & Baillie PC; Thomas J. Trautner Jr., Marc E. Leibman, Alyssa E. Spector from Chiesa Shahinian & Giantomasi PC represent Bridge Point West Windsor; C. John DeSimone III and Stephen R. Catanzaro from Day Pitney LLP represent Clarksville Center LLC. The case is presided over by Judges Smith, Chase, and Vanek under Docket No. A-1539-23.
Source: A153923_Gonzalez_v_Township_of_West_Windsor_Opinion_New_Jersey_Superior_Court_of_Appeals.pdf
