Minutes ago, shortly before the Jackson Township Council is set to adopt on final reading to approve Mayor Mike Reina's proposal to swap 42.51 acres of land in the White Road/ Cross Street area in exchange for Eichorn's 30 acres of land on Leesville Road, Jackson Township residents who are opposed to the swap, have filed a lawsuit seeking to overturn the proposal.
The lawsuit was filed in Ocean County Superior Court by Attorney Jan Meyer Esq.
As previously reported here on FAA News, despite heavy opposition from the neighbors, the Jackson Township Council has already voted on final reading to approve Mayor Mike Reina's proposal to swap 42.51 acres of land in the White Road/ Cross Street area in exchange for Eichorn's 30 acres of land on Leesville Road.
For whatever reason, one lot in the swap was left out of the Ordinance documents.
Therefore, as previously reported here on FAA News, the Township Council has introduced a new Ordinance to amend the previously approved land swap to include this additional lot.
The Council is scheduled to vote tonight to adopt this amended ordinance on final reading.
Residents who are opposed to the land swap which will bring schools to their already congested neighborhood, have filed a 4-count lawsuit seeking to overturn the land swap.
The lawsuit contains an allegation that the land swap discriminates against their "Jewish neighborhood."
According to the suit:
Pursuant to State Statute, for a municipality to swap lands with a private individual, any land or rights or interests therein to be exchanged by the county or municipality shall be valued at not less than the amount for which it was acquired or in the case of an acquisition by gift or devise, in an amount of not less than the "full and fair value" of the land or rights or interests therein as determined by the assessor of the municipality in which it is located for the tax year in which the land was acquired by the county or the municipality.
In addition, the land exchanged "which shall be conveyed to the county or municipality in exchange for any county or municipal lands or rights or interests therein shall be valued at no more than the "full and fair value" determined for the land or rights or interests therein by the assessor of the municipality in the land or rights or interests therein is located for the then current tax year."
In other words, a land swap is legal if - and only if - the municipality receives land of at least value equal to or exceeding the value of the municipal land in the current tax year, as well as value exceeding the value of the municipal land in the year it was acquired.
The Ordinances contain a bare recitation, without support, that "the Township has determined that the properties are of substantially equal value."
Upon information and belief, at no point was there any testimony or hearing regarding the value of the two properties.
The proposed Contract of Sale, which was attached to the Ordinance, includes a statement that an appraisal was performed by the Township Appraiser, who determined that the Subject Property is valued at $4.1 million, and the Municipal Lands were valued at $4.4 million, but that certain deductions must be made from the value of the Municipal Lands, such that the value of the two lands were equal.
Upon information and belief, the appraisal reports were not attached to the Ordinance, nor were they made available to the public.
Upon information and belief, the appraisal reports dramatically understand the value of the Municipal Lands, and/or overstate the value of the Subject Property.
Further, upon information and belief, the Ordinances do not make any findings as to the valuation of the Municipal Lands in the year they were acquired, as required by statue.
In the First Count, the lawsuit alleges that the adoption of the Ordinances was arbitrary, capricious, and unreasonable, as the Ordinances do not adhere to Statue.
In the Second Count, the lawsuit asserts that under the Local Government Ethics Law, Mayor Reina should have recused himself from the matter as, "upon information and belief he has a close, personal relationship with the principal of Bellevue Estates."
In the Third Count, the lawsuit alleges charges under the New Jersey Law Against Discrimination:
Upon information and belief, the Township of Jackson has a long history of discrimination against Jewish people, and in particular, Jewish schools.
In fact, the Township is a party to a Consent Order with the U.S. Department of Justice. In said action, the Department of Justice alleged, inter alia, that the Township applied zoning ordinances that intentionally target religious schools... so that it will be impossible or nearly impossible for religious schools... to operate in the Township," in essence, to discriminate and target persons of Orthodox Jewish faith.
In the course of seeking to settle said action, the Township agreed to a settlement that permitted schools, including religious schools, in many areas of the Township.
Upon information and belief, the areas around the Subject Property is not an area where many Orthodox Jews reside.
Upon information and belief, the areas around the Municipal Lands are heavily concentrated with Orthodox Jews.
Upon information and belief, the Municipal Defendants adopted the exchange of lands at issue in this matter for the improper purpose of avoiding the construction of Orthodox Jewish schools in areas that Orthodox Jews do not presently reside.
Upon information and belief, the Municipal Defendants adopted the exchange of lands at issue in this matter for the improper purpose of seeking to avoid Orthodox Jews spreading to live in new areas of Jackson.
The adoption of the exchange of lands for such improper purpose violates the New Jersey Law Against Discrimination.
The Plaintiffs protect the interest of the protected class of Orthodox Jews.
In the Fourth Count, the lawsuit alleges that the adoption of the Ordinances constitute a deprivation of the Plaintiffs federally protected rights, including inter alia, the Equal Protection Clause and Due Process clauses of the Federal Constitution.
The Township has 35 days to Answer the Complaint.
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