Ruling to come after Drew Forest trial
By: Brett Friedensohn, Madison Eagle
MADISON – Several interested parties are waiting on a ruling about Drew University’s challenge to Madison’s affordable housing plan, following a trial at the Morris County Courthouse in Morristown Monday, May 20 and Tuesday, May 21.
Friends of the Drew Forest co-chair Lydia Chambers said the Friends don’t know the timeline of the judge, state Superior Court Judge Stephen Hansbury, but the Friends expect that to be at least a month.
This will be after the parties receive a transcript which will take about a week. After that, the parties will have 30 days to submit written briefs, meaning their final arguments will be in written form, Chambers said.
Hansbury ruled in September 2022 that Madison should revise the calculations used in its 2020 affordable housing settlement to include however much land can be developed within a 63-acre area at the western end of the Drew campus.
Drew filed its lawsuit against Madison in June 2022, claiming the borough conducted years of bad-faith land acquisition talks with the university in an effort to look good to the court as it negotiated its third-round affordable housing settlement.
Meanwhile, the Borough Council applied for another $5 million grantfor open space funding from Morris County to purchase the Drew Forest during the Monday, May 13 meeting.
The borough applied for $10 million last year and got $5 million.
The Friends served as an amicus, meaning a friend of the court, and they were allowed to weigh in with their opinions as an intervenor. The Friends hired attorney Michael Sinkevich and expert Jamie Morgan of Davey Resource Group.
Morgan talked about topics including the fact that the forest is Indiana bat habitat, and how it’s difficult to determine the setbacks to any of the wetlands without getting an interpretation letter from the state Department of Environmental Protection, Chambers said.
Alex Staropoli, the managing director of Fair Share Housing Center, said that as Fair Share argued at trial, it’s legally required to include the newly available and developable lands in the calculation of Madison’s affordable housing obligation.
“We are hopeful that we get a decision soon and that the development of affordable housing can move forward in the town,” Staropoli said.
Friends members and others showed up on both days to support the forest.
“I think that all of our work creating awareness about the forest and that really has paid off,” Chambers said. “And we have very loyal and informed supporters, and they showed up and sat through the testimony.
“The judge heard our arguments about protecting the Drew Forest,” Chambers said. “So we’re pleased that we accomplished that. And he definitely listened. And we trust that he will factor it in when he makes his decision.”
Contact Brett Friedensohn at brettf@newjerseyhills.com.
