Final Decision Not Yet Reached In Madison Affordable Housing Lawsuit
MADISON, NJ — The legal case between Drew University and the Borough of Madison is still pending, despite the anticipated court hearing taking place this past Friday at the Morris County Courthouse.
Superior Court Judge Stephan Hansbury ruled in Madison's favor on Aug. 19, saying the Borough's Affordable Housing settlement should not be overturned.
Earlier this year, Drew University had filed a lawsuit against Madison, requesting that the court overturn its 2020 settlement with Fair Share Housing Center.
During the court hearing, Judge Hasnbury accepted an amicus brief, which was previously filed by Friends of the Drew Forest, a local nonprofit, to support the preservation of the entire 53-acre forest.
The brief will be used to provide the court with relevant expertise to assist it in its deliberations, according to officials.
In a petition drive to protect the forest, the nonprofit has gathered close to 14,000 signatures. Advocates claim that the forest is essential for aquifer recharge, air quality, carbon sequestration, bird habitat and passive recreation.
At the hearing on Friday, a sizable number of Friends of the Drew Forest supporters were present to show their support. Judge Hansbury's decision to permit the group to take part in the hearing was another victory for Madison, according to Madison officials.
“Drew has significant financial problems and we had been working with them on a solution that would give them a much-needed infusion of cash while allowing us to protect the Drew Forest,” said Raymond M. Codey, Borough Administrator. “During these negotiations, University Officials continued to make unreasonable demands. Drew, unfortunately, decided to break off negotiations and waste both time and money heading down this dead-end legal path."
The lawsuit was initially filed in June 2022 as a result of the Borough's settlement on affordable housing in 2020, which excluded undeveloped university land close to Loantaka Way from the plan.
Drew officials claim that this exclusion was intentional and that the borough concealed the existence of the land to keep it out of the settlement process.
“While we are extremely disappointed in the way University Officials have handled the situation, we are still willing to sit with them and pursue a solution that saves the Forest and helps Drew with their serious budget shortfalls,” Mayor Robert H. Conley said in response to the court hearing.
Conley, who was in attendance during the legal discussions, asserted that providing affordable housing is a moral obligation and insisted that the lawsuit won't harm the city's relationship with the 155-year-old university, which was established before Madison was incorporated.
"Drew’s legal positions were expressed to the judge. We await the judge’s decision and remain hopeful that he will render the correct one under current New Jersey law. Drew encourages Madison to engage in productive dialogue with our University in attempts to find common ground on issues of mutual concern. Disseminating misinformation to the public is not constructive and does not serve the public interest, nor that of the University. Contrary to Madison's mischaracterization of the motivation of this land sale endeavor, Drew is now on sound financial footing. As we have repeatedly stated, the funds from any land sale will go directly toward providing financial aid to a greater number of students amid an incredibly competitive higher education environment. We are fully committed to fulfilling Drew's longstanding mission of providing a robust education to a diverse community of learners, including those with significant financial aid needs," Drew University said in a statement to Patch.
After hearing both parties' arguments, Judge Hansbury stated that, while he would not rule during the hearing and would need several days or weeks to consider the evidence, vacating the settlement was no longer an option.
