Homestead Warehouse Developer Sues Hillsborough Over Application Denial

HILLSBOROUGH, NJ — A warehouse developer filed a lawsuit against Hillsborough after its Township Planning Board denied an application by Homestead Road LLC.

The application proposed to consolidate two lots, tear down existing buildings, and build two warehouses/office buildings off Homestead Road. It was denied at the Sept. 4 Planning Board meeting.

"The Defendant Board’s decision and reasoning to support the denial was arbitrary, capricious and unreasonable for a variety of reasons," according to the lawsuit filed by Homestead Road LLC.

The lawsuit was filed in Somerset County Superior Court on Dec. 1.

Some of the reasons point to the Board's "plainly incorrect assertion that the Project Application lacked information regarding the proposed building’s size, scale, and intensity of use."

The lawsuit claims Homestead Road LLC provided detailed, competent, and uncontroverted testimony from experts addressing exactly those issues, including the building’s square footage, operational characteristics, anticipated traffic activity, and the typical range of employee and vehicle counts associated with permitted uses in the zone.

Another reason highlighted includes the Board’s decision to "deny the Project Application based in part on anticipated traffic conditions was arbitrary, capricious, and unreasonable, as the denial failed to identify any specific or measurable deficiencies in the Plaintiff’s traffic expert’s report or testimony, which fully complied with accepted professional methodology."

The Board's denial also cited stormwater runoff which the lawsuit counters stating "the stormwater system included in the Project had been previously approved by both the NJDEP and the DRCC in separate permit approvals and reports and there were therefore no valid grounds to deny the application based on those concerns."

Hillsborough Township Clerk Sarah Brake told Patch, "Unfortunately, we are unable to provide any comment on ongoing litigation."

Homestead Road, LLC is demanding judgment in its favor and against the Hillsborough Planning Board, as well as declaring the Township’s Resolution of Denial invalid and lacking any force and effect, ordering Homestead Road, LLC’s application approved, and any such other relief as the Court deems just and proper.

'Too Big, Too Massive, Too Many Problems': Hillsborough Denies Warehouse Project

After 3 years of hearings, the Planning Board denied the project on Sept. 3, which proposed to build 2 warehouses/office buildings off Homestead Road.

"The underlying theme here is I think that it is too big, too massive, too many problems," said Committeeman Shawn Lipani at the meeting.

The application proposed a total of 543,299 square feet of industrial and office space, which includes a one-story warehouse with 168,304 square feet and a 6,000 square foot office building along with another one-story 368,995 square foot warehouse.

Mayor John Ciccarelli listed many of the reasons for the denial of the application, including building height, traffic impact, noise and pollution factors, size and scale factor.

Previous Warehouse Lawsuit

The Hillsborough Township Planning Board also recently rejected a warehouse application for the second time proposed on Harvard Way.

At the Dec. 4 meeting, the Planning Board unanimously voted in favor of supporting its previous decision from Oct. 13, 2022, to deny Harvard Way JMJ4, LLC (Redcom / SAI)'s application to build a 107,366 sq. ft. warehouse near the Green Hills Community.

The application was brought back before the Planning Board due to an order by Somerset County Superior Court Judge William Meenen in a lawsuit filed by the developer.

Harvard Way JMJ4, LLC filed a lawsuit in December 2022 claiming the Planning Board's "denial came based on an obvious bias against warehousing applications due to public pressure and the current political climate."

Meenen ordered the Board in February to revisit its decision and explain why it decided to follow stormwater testimony from the engineer of the Green Hills Community objectors over the applicant.

The Board ultimately voted once again to reject the application.

See the Homestead Road LLC lawsuit against Hillsborough Township below:

Homestead Road LLC v. Hillsborough Township by Alexis Tarrazi

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