Search Site
Hamilton residents sue to halt strip mall

Friday, May 11, 2007

Hamilton residents sue to halt strip mall


HAMILTON — The group Save Hamilton Open Space and 46 residents have filed a lawsuit to block a strip shopping center planned for Route 33.

In the lawsuit, filed last week in Superior Court, SHOS said there was a deed restriction on the property that prevents anything except residential housing from being built on the site.

A 1951 deed that was conveyed to Barton F. and Bernice Francis states “the said lot shall never be used for any purposes other than for residence purposes,” the lawsuit said.

James J. Maguire, who was the executor for Barton Francis, sold the land to Jon/Gul Enterprises in 1995. The 1995 deed did not include the restriction that was a part of the 1951 deed.

The 1951 deed said “no store, shop, saloon, bakery, apartment house or other business enterprise shall be conducted or erected,” the suit said.

“Clearly this covenant was in tended to preserve the residential character of the neighborhood,” the suit said. “It is clear the appli cant is violating the covenant and must withdraw its application to develop the property commercially.”

Developers Jon/Gul Enterprises and Square Properties LLC, plan to build 24,000-square feet of retail space and a 7,500-square-foot building for a credit union on the property at Route 33 and Bisbee Avenue, according to township records.

Thomas J. Orban, a Hamilton real estate agent who represents the developers, said the premise of the suit is wrong.

“We have researched it legally and through a title company and don’t share their opinion,” Orban said. “Anybody can sue anybody at any time.”

Stuart Lieberman, the lawyer for the plaintiffs, said the deed restriction is still in force and the language is very clear.

“It was clear the grantor wanted to have it used for residential property,” Lieberman said. “Unless there is a public policy reason there is no reason to say (the restriction is) not in effect.”

Rocky Swingle, president of SHOS, said residents in the area are very concerned that the proposed development would bring increased flooding. As it is, they had to pump their basements for days after the recent nor’easter, he said.

The small, five-acre parcel is also home of the last remaining stand of native hardwood trees in the area, he said. Some of the trees are 70 feet tall, Swingle said.

“The flooding has really been a problematic issue,” Swingle said. “It’s a development we don’t need that does more harm than good.”

Meanwhile, the Hamilton planning board, which was set to hear testimony about the plan last night, is expected to rule on the proposal by June 30.

Linda Stein may be reached at [email protected] or (609) 989-6437.

Our Attorneys

Recent Twitter Posts

  • New Jersey sets emergency water standards for new chemicals.
    10 months ago
  • How will New Jersey manage stormwater as the climate changes and flooding increases?
    10 months ago
  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.…
    10 months ago
  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area.
    11 months ago

Recent Blog Posts

Condo Liability In Snow Storms

by: Noah Botwinick The Superior Court of New Jersey’s Appellate Division recently overturned a grant of summary judgement to a defendant community association sued by a pedestrian who slipped on ice in a condominium
Read More
Condo Liability In Snow Storms

Lieberman Blecher and Sinkevich Announces New Partner and New Associate

Lieberman Blecher & Sinkevich, PC is proud to announce the naming of Ms. Brittany W. DeBord, Esq. as a shareholder. Brittany joined the firm as an associate attorney in 2016,
Read More
Lieberman Blecher and Sinkevich Announces New Partner and New Associate

Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Bogota

The Superior Court of New Jersey’s Appellate Division recently upheld a board decision to approve the settlement of an application for a conditional use variance and final site plan approval
Read More
Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Bogota

PCBs and other chemicals found in Colonia high school

How is it that PCBs and other cancer causing compounds have been found in Colonia High School? Where is the outrage? Where is the speedy competent response? A mother of a
Read More
PCBs and other chemicals found in Colonia high school

In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form