
the staff of the Ridgewood blog
Englewood Cliffs NJ, the borough has agreed to pay $7 million to the developer of 800 Sylvan Avenue to settle a long-standing lawsuit over affordable housing. Additionally, it will pay $1.3 million more to settle a tax appeal, bringing the total payout to $8.3 million. This settlement resolves claims that the borough violated terms of an affordable housing agreement, with the developer initially seeking $66.5 million in damages.
The legal battle dates back to 2015 when Normandy Real Estate Partners, the original developer of the site, filed a builder’s remedy lawsuit. This lawsuit escalated in 2019, when a packed public meeting saw hundreds of residents urging the borough to fight the case in court rather than settle. The borough lost the case in 2020, leading Superior Court Judge Christine Farrington to remove the planning board’s authority to review development plans.
The dispute centered on the borough’s failure to comply with court-mandated affordable housing obligations, including a project for 450 units at the former Unilever campus on Sylvan Avenue, 90 of which are set aside as low- and moderate-income units. Despite reaching a settlement with Fair Share Housing Center, the borough attempted to void the agreement after a shift in its political leadership, leading to more litigation.
The latest lawsuit, filed by 800 Sylvan Avenue LLC in 2021, accused the borough of breaching the agreement and delaying project approval, resulting in significant financial losses for the developer. The lawsuit was set to be heard this month before Judge Farrington, but the borough council opted for a settlement instead.
The council voted in September to approve the settlement and seek state approval for an emergency budget appropriation to fund the payout. The decision passed with a split vote, with Mayor Mark Park and two council members opposing it. Park criticized the settlement as favoring the developer over residents and expressed frustration with the legal approach taken by the council’s attorneys.
On the other hand, Democratic Councilman David Di Gregorio, who voted in favor of the settlement, said it was a difficult but necessary decision to protect the borough from further financial risk. He explained that appealing the case could have resulted in even higher costs, potentially doubling or tripling the current amount owed.
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