Edison is sued over Wal-Mart
Metuchen says store blocks interchange
By JERRY BARCA, Home News Tribune from the Web, March 31, 2005
Edison, NJ -- The borough of Metuchen is suing its neighbor, Edison Township, over a proposed Wal-Mart on the boundary of the two municipalities.
The suit, filed in state Superior Court, aims to invalidate the Planning Board's November approval of the 142,000-square-foot big-box store north of Vineyard Road and south of Interstate 287 on Route 27.
The proposed development, which would also include a bank, restaurant and another retail store, would "have a negative effect upon the public health, safety, and welfare" of Metuchen residents, the suit claims.
The suit names Edison, the township Planning Board and every landowner on the lot, including K&K Developers, the company set to build the Wal-Mart and accompanying businesses.
At the heart of Metuchen's argument is the proposed development's disruption of a possible interchange between Route 27 and northbound Interstate 287. There is no access between Route 27 and northbound Interstate 287 and therefore motorists must travel through local streets in Metuchen, according to the suit.
While there is no specific plan for the interchange, George Ververides, director of planning for Middlesex County, said the interchange has been discussed for years and the Wal-Mart plan made the need for it resurface.
The Planning Board failed to consider the development's impact on the interchange and as a result improperly granted final site approval, according to the suit.
The attorney representing Metuchen, James H. Gorman of Shrewsbury, and Edison Township Attorney Louis Rainone could not be reached for comment yesterday.
Parties answering the telephones at their respective offices said the men were on vacation.
John Covello, chief of staff for Mayor George Spadoro, directed questions about the suit to Rainone.
Metuchen Mayor Ed O'Brien said the suit, filed in January, came about because of a miscommunication between Edison and Metuchen regarding the interchange.
"I'm hopeful this suit will be resolved and not reach the courts," O'Brien said.
The suit questions a condition of the approval, which called for K&K Developers to make a cash contribution of $96,600 to the Edison Township Tree Replacement Fund.
The contribution creates a perception that the developer paid the township for the approval, the suit claims.
Messages left for K&K Developers of Short Hills were not returned.
Metuchen's suit states that public notices failed to properly convey the nature and extent of the development.
The court document questions whether the property is properly zoned and states that witnesses gave testimony without being sworn under oath.
Finally, the suit claims members of the Planning Board attended technical review committee meetings where Wal-Mart was discussed, and there was no public notice and no public participation.
The approval of the Wal-Mart plan took many Edison residents by surprise and caused a whirlwind of controversy.
Residents went to a Planning Board meeting to speak against the discount retailer, but they were shouted down and reminded the approval had already taken place.
Members of various unions from across the state, along with people from Metuchen and Highland Park, joined Edison residents at meetings designed to devise plans to stop Wal-Mart.
Anthony Russomanno, one of the anti-Wal-Mart organizers, said grass-roots efforts to block the development are ongoing.
He called the Metuchen suit a "good thing," but he questioned if it could stop the big-box store from coming to Edison.
"The council and the mayor, by rezoning, ensured that it's going through. There's nothing that's going to stop it," Russomanno said.
"This deal was done in the back room as far as I'm concerned."
Jerry Barca: (732) 565-7306; jbarca@thnt.com.
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