Wal-Mart's builder
sues Edison, mayor
By ERICA HARBATKIN,
Nome News Tribune Online, April 25, 2007
EDISON — Wal-Mart's developer
has filed a lawsuit against the township and Mayor Jun Choi, alleging the
township has failed to fulfill its legal obligation to grant the building permit
despite prior approval by the Planning Board.
The developer also contends that Choi has unlawfully interfered with the process
and should be held personally responsible for the developer's monetary losses.
Choi said the lawsuit is "intimidation and scare tactics," and said the township
hasn't issued the building permit because the Planning Board didn't comply with
proper procedure in executing the developer's agreement.
"The legal basis for us not issuing the building permit is they did not properly
execute the developer's agreement back in 2005," Choi said, adding that the
Planning Board needs approval from the Township Council to execute the document.
According to Section 18.28.240 of the township's municipal codebook, a
developer's agreement must be executed and delivered the Township Council before
on-site construction may begin.
The township and the developer, Edison Route 27 Associates LLC, signed the
developer's agreement in December 2005. The Planning Board had granted
site-plan approval in December 2004 for a 140,000-square-foot Wal-Mart to be
built on Route 27 at Vineyard Road.
During the Democratic primary race in 2005, Choi repeatedly asserted that he
opposed the Wal-Mart, blaming incumbent Mayor George Spadoro and the Planning
Board for surreptitiously pushing the application through.
"This was snuck through in the middle of the night," Choi said in a June 1,
2005, debate. "George Spadoro's appointments to the Planning Board did not
do their jobs properly."
The lawsuit contends that Choi's "attempt to frustrate and thwart the project"
is a "wrongful misuse of his powers" and has led to carrying costs (costs
incurred before a building is occupied, such as property taxes, mortgage and
maintenance) of $2,970 per day.
The developer is holding Choi personally responsible for those costs, and is
seeking direct and consequential damages, punitive damages and attorney fees
from Choi.
Gage Andretta of West Orange-based Wolff & Samson PC, the attorney for Edison
Route 27 Associates LLC could not be reached for comment late Tuesday.
The lawsuit was filed with the Superior Court of New Jersey in Middlesex County.
eharbatkin@thnt.com
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