Friday, March 1, 2013
Mayor Nicole Hagner said the township will be able to file a fee application as well.
Chatham Township Mayor Nicole Hagner said a Morris County Court judge has dismissed the lawsuit over the township's market garden ordinance. Township Attorney Carl Woodward was away and absent from Thursday night's meeting. Hagner said she received an email from one of Woodward's colleagues stating, "The motion was granted to dismiss the lawsuit." Additionally, Hagner said the court would let the township "file a fee application relating to failure to provide discovery." The lawsuit was served in June 2012 by an unincorporated association of residents of Green Village Road, including Jim and Shirley Honickel, Richard Erich Templin, Chris and Kristen Struening, Michael J. and Nicole O'Connell and Vincent and Thea Bancroft Ziccolella. They …
Thursday, September 27, 2012
A judge declares the lawsuit can be changed to include allegations that Mayor Nicole Hagner and Committee Member Bailey Brower, Jr. had a conflict of interest in the market garden ordinance.
- On NJ.com
Thursday, September 27, 2012
Tuesday, September 11, 2012
County court officials confirmed the new date for the case management conference.
A pretrial conference for the lawsuit over Chatham Township's market garden ordinance has been moved to October, Morris County Court officials said Tuesday. The original date for the conference was Sept. 11. The lawsuit over the market garden ordinance, which passed the Chatham Township Committee in April by a vote of 3-2, was filed by nine residents of the township's Green Village neighborhood in June. Residents who filed the lawsuit—Jim and Shirley Honickel, Richard Erich Templin, Chris and Kristen Struening, Michael J. and Nicole O'Connell and Vincent and Thea Bancroft Ziccolella, collectively the Citizens Against Ordinance 2012-05—want the ordinance declared void and invalidated. The lawsuit says the ordinance "is clearly arbitrary, …
Tuesday, August 28, 2012
Plaintiffs have new representation, parties to appear in court Sept. 11.
Attorneys for the Citizens Against Ordinance 2012-05 and Chatham Township said plaintiffs in the market garden lawsuit applied to add a new count to the suit. The lawsuit over the market garden ordinance, which passed the Chatham Township Committee in April by a vote of 3-2, was filed in June by nine residents of the township's Green Village neighborhood. Barry A. Osmun, the attorney who filed the lawsuit on behalf of the plaintiffs, no longer represents the nine citizens who filed the lawsuit. The plaintiffs are now represented by Philip Rosenbach, of the Law Offices of Berman Rosenbach. Rosenbach said the additional count "alleges that two of the people who voted on the ordinance either have a conflict or an appearance of conflict, which…
Sunday, August 5, 2012
Residents suing township over market garden ordinance that allows some property owners to grow and sell produce off-site with the municipality's approval.
Chatham Township Attorney Carl Woodward said a pretrial conference date has been set through the Morris County Superior Court for a lawsuit over the market garden ordinance. The pretrial conference will take place Sept. 11. Woodward said he expects a schedule for the lawsuit will be set at the conference. Typically, he said, "the judge will set the schedule to complete discovery, set up a briefing schedule and a trial date." Woodward said at a Chatham Township Committee meeting in June that the trial would likely be "very short" and could take only a single day. The lawsuit over the market garden ordinance, which passed the Chatham Township Committee in April by a vote of 3-2, was filed by nine residents of the township's Green Village …
Friday, June 29, 2012
Attorney Carl Woodward filed a response to a lawsuit over the market garden ordinance, denying plaintiff's claims that the lawsuit is "unreasonable, arbitrary or capricious."
Chatham Township Attorney Carl Woodward filed a response Thursday to a lawsuit filed by several residents of Green Village over the market garden ordinance which demands for the dismissal of the lawsuit with prejudice and the awarding of court costs and attorneys' fees. The response denies several of the allegations made in the lawsuit, including the following: According to the township's response, the committee acted "in good faith" and within their lawful powers. "All actions taken by the Township were legally justified, were privileged and represented the exercise of rights equal to or superior to the rights of the Plaintiff[s]," the response reads in part. The adoption and enactment of the market garden ordinance "were in compliance …
Friday, June 15, 2012
The Rolling Knolls landfill was included in the market garden ordinance because it was over 3 acres.
The Chatham Township Committee unanimously voted to remove the Rolling Knolls landfill from the list of propertieis included in the market garden ordinance. Under the ordinance, all properties in the township with 3 acres or more were automatically approved as potential properties where owners could farm produce and sell it offsite. The landfill, which has been designated a Superfund site by the US Environmentall Protection Agency, was among the properties included. "After discussions with Carl [Woodward, the township attorney], he felt it was appropriate to exclude the Rolling Knolls landfill," Mayor Nicole Hagner said. Margy Capecelatro of Britten Road said she was "very happy" the committee was passing the exception. Committee Member …
Monday, June 4, 2012
Lawsuit contends the ordinance violates the land use element of the Master Plan.
Chatham Township Mayor Nicole Hagner and Attorney Carl Woodward confirmed the township has been served with a lawsuit over the market garden ordinance. The lawsuit cites language from the township's 2006 Master Plan Reexamination Report, which encourages "the continuation of remaining agricultural activity" and the preservation of "agriculture as a way of life in Chatham Township where it exists." According to the suit, the ordinance does neither. The ordinance, the lawsuit reads in part, "is clearly arbitrary, capricious and unreasonable, and plainly contrary to the fundamental principles of zoning and Municipal Land Use Law," and "fails to advance the Municipal Land Use Laws [sic] declared purpose of promoting the publich health, safety…
Thursday, April 26, 2012
Qualifying residents can apply to the Planning Board for permission to grow produce and sell it off-site.
The Chatham Township Committee voted 3-1 Thursday to approve and adopt an ordinance permitting market gardens on qualifying residential lots. Committee Member Robert Gallop missed the vote, and Committee Member Kevin Tubbs cast the sole dissenting vote. The committee shifted the order of the agenda to accommodate the schedules of Gallop and Tubbs. Gallop was present at the start of the meeting, but left to make a presentation to the county at about 8 p.m. Tubbs was unavailable to attend in person, but was reached on speakerphone at about 8:45 p.m. When the discussion of the ordinance began, Township Attorney Carl Woodward said he realized the Rolling Knolls Superfund Site could qualify. He suggested the committee may want to delay passing …
Wednesday, April 25, 2012
Controversial ordinance could be settled Thursday.
More than a year after the issue first came before the Chatham Township Committee, the market garden ordinance comes up for final adoption Thursday. The ordinance passed by a vote of 3-1 at the March 8 committee meeting, with Committee Memeber Robert Gallop casting the sole dissenting vote. Committee Member Kevin Tubbs, who previously indicated he would not support the ordinance, was absent from the meeting. After the vote, the ordinance was sent back to the Chatham Township Planning Board on the advice of Attorney Carl Woodward. The board's role is to determine if the ordinance is consistent with the township's Master Plan. Woodward said the committee made numerous changes to the ordinance after the Planning Board approved it in January, …