On January 5, 2001, Stephen and Janet Scher expanded their property by purchasing from the Township the 6.56 acres parcel located at 1065 West Cross Street.
The purchase price was a modest $10,000.
The catch: encumbrance of a restrictive covenant prohibiting any development of the property which must remain as open space.
This deed restriction clearly states that it runs with the land in perpetuity and it applies to the Scher's successors and assigns.
Fast forward to October 2021. Mesivta Ohr Chaim Meir acquired several parcels of property in this area, including this 6.5 acres lot which they purchased for $3.8 million.
The sale deed states that the lot is subject to covenants of record, i.e. the Township's January 5, 2001 open space encumbrance.
However, leaving this parcel as open space isn't exactly what the new property owners have in mind.
The developers of the yeshiva, represented by Millstone Attorney Kenneth L. Page Esq. have filed legal action seeking a court order to extinguish the deed restriction.
The complaint, filed in New Jersey Superior Court, Chancery Division in Ocean County, states:
The imposition of the subject restriction was intended to limit development of the lands which it encumbered in consequence of the same, at the time of their conveyance, being vacant and landlocked. These lands, in consequence of their consolidation with other lands, are now no longer landlocked and enjoy access to an improved road.
Township Attorney Steven Secare Esq. has filed an answer vehemently opposing the petition.
A case management conference was just scheduled for next Monday, August 19, 2024.
Curiously, Mesivta Ohr Chaim Meir is using a cover name in court.
On October 19, 2023, Mesivta Ohr Chaim Meir transferred title of the lot to Ohel Gittel. The legal action was filed in court using the Ohel Gittel cover name.
Biyan Ohel Gittel is the name of the yeshiva's new building.
Mrs. Gitty Friedman was the mother of the Rosh Yeshiva, Rav Shimon Friedman.
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