Lake Grinnell residents sue township
SPARTA A group of residents of the Lake Grinnell community have filed a civil law suit against Sparta Township, the mayor and Township Council, the Sparta Planning Board, Grinnell Recycling, Inc., and Grinnell Enterprises, Inc..
The suit claims an ordinance adopted by the council on March 15 to amend Spartas master plan is improper, invalid, and unlawful, and should be considered null and void. Ordinance 12-01 creates two new economic development zones on land between West Mountain Rd. and Rt. 15 and provides for a zone change that will allow Grinnell Enterprises to pursue plans to create a soil mining operation on their property.
The suit was filed in Sussex County Superior Court on April 23 but will be heard in Morris County Superior Court. The plaintiffs are Lake Grinnell Assoc. Inc, comprised of around 40 property owners whose property surrounds Lake Grinnell, Island Point, an incorporated homeowners association whose members own homes on the west side of Lake Grinnell, and an unincorporated organization known as Concerned Citizens Against the Quarry (CCAQ).
Some residents of Island Point and members of CCAQ own property that is within 200 feet of lots that are subject to the rezoning.
The complaint details eleven counts, citing several instances in which the plaintiffs claim that through information and belief they hold that the township improperly conceived, planned, and set forth the master plan amendment, solely to allow the zone change for Grinnell. They claim that the sand and gravel Grinnell currently mines on its property for use in manufacturing paving stones will soon be exhausted. They say this is the reason Grinnell sought to expand and create another soil mining operation on their property, but the land in question was not zoned for this use.
The suit claims Grinnell devised a strategy to influence officials to rezone the property to authorize its mining and quarrying operation. The strategy was designed to culminate in the rezoning that would permit the quarry and manufacturing operations.
Among the multiple counts in the suit are that the ordinance is arbitrary, capricious, and unreasonable, that the zone change that will be allowed constitutes spot zoning, that there was defective public notice of public hearing on Ordinance 12-0 1, that the council failed to adhere to procedural requirements for adoption of Ordinance 12-01, and that the master plan reexamination report is pretextual and invalid.
Conflict of interest Another count claims that three current and one former council member, as well as Township Manager David Troast had a conflict of interest and were improperly influenced to support Grinnell in the development and adoption of the ordinance.
The suit claims Grinnell conducted private meetings with township officials, including Councilman Scott Seelagy in his capacity on the Economic Development Commission, in an effort to procure support for its rezoning request.
However, when the council discussed and voted on Ordinance 12-01 in March, Seelagy recused himself because of what he called a personal association with the Cofrancesco family, who own Grinnell Enterprises.
The suit claims the Cofrancesco family donated campaign funds to the election campaigns of Councilman John Schon and Councilwoman Molly Whilesmith, inferring this would ensure their support for Grinnells plans.
Former Councilman and former Planning Board member Brian Brady is also named in the suit, which claims Brady was involved with the Cofrancesco family. The suit claims that although Brady left the Planning Board before a vote was taken on the master plan amendment, his participation in the development of the amendment and the Reexamination Report which ultimately led to Ordinance 12-01, tainted the proceedings with his conflict of interest.
The suit also claims that at the suggestion of Township Administrator David Troast, Grinnell donated a large quantity of brick pavers that were utilized to complete the townships new municipal building and that the rezoning was part of an effort to pay back Grinnells largesse.
Neither Troast nor any of the other defendants have seen the 30-page law suit and have not yet been served. Troast said due to this he can have no comment on the matter at this time, but said he is already dreading the legal costs that will be incurred by the township to respond to the law suit.
Mayor Jerry Murphy agreed with Troast that no comments or assessments of the complaints could be made until officials have the opportunity to review it.
According to officials, Ordinance 12-01 was the result of years of planning, hours of meetings, and multiple revisions and was intended to create a broad-spectrum land use plan that would serve the greater good of the community. It began with Grinnells first application for a zone change for their property in 2007 and has been through many incarnations and in and out of the Planning Board until its final form as a master plan amendment.
Grinnells intention to expand their operation has been staunchly opposed by a group of residents in the Lake Grinnell community from the beginning because they believe this will negatively affect their quality of life.
During the councils public hearing on the ordinance, several of these citizens made emotional pleas to the council not to allow the zone change.
Conversely, there were also citizens from the community who spoke in favor of the zone change, saying they welcomed the prospect for increased economic activity in the area.