Holmdel Seeks Court Ruling On Its Rights To Historic Horn Antenna

HOLMDEL, NJ — The Township Committee would like a judge to rule on its rights concerning the Horn antenna, the historic landmark located on a Crawford Hill site that has been the object of wide support for preservation.

The 43-acre site at 791 Holmdel Road is where the antenna was constructed decades ago by Bell Labs and used in research there. But now the site is privately owned, having been purchased from Nokia, and is subject to development.

The antenna is a landmark because it was used in Nobel Prize-winning research to detect the cosmic microwave background radiation that provided irrefutable evidence of the Big Bang theory of the creation of the universe, the township noted.

Mayor DJ Luccarelli referred to the Horn antenna as "Holmdel's legacy." In 1989, it was designated a National Historic Landmark.

As explained in a complaint filed in Superior Court and authorized by the township Tuesday night, "after months of negotiations with Crawford Hill’s owner and contract purchaser, the township still lacks clarity regarding ownership of the Horn antenna," a statement from the township said.

Township Attorney Michael L. Collins said on Tuesday that the action is a "prudent step."

The township said in its statement that "The owner and contract purchaser have provided certain indications that former property owner, Nokia of America Corporation, retains an interest in the Horn antenna, but definitive information was never provided to the township."

Therefore, the township seeks a judicial determination - a "declaratory judgment" - on two issues: the ownership of the Horn antenna and whether the Horn antenna is considered “property” that is subject to potential condemnation under the Eminent Domain Act.

“As you can imagine, the township is not in a position to negotiate the future of Crawford Hill until we determine the ownership of the Horn antenna," said Mayor Luccarelli.

“For these reasons, the township authorized this litigation to determine the ownership of the Horn antenna as well as its potential eminent domain rights relating to it. As mayor, I remain steadfast in my commitment to use every possible legal avenue to protect Holmdel’s legacy,” he said.

Members of Citizens for Informed Land Use, one of several organizations in the township supporting preservation of the Crawford Hill site along with the Horn antenna, welcomed the township's action.

"Citizens for Informed Land Use (CILU) supports the action taken by the township to determine rightful ownership of the Horn antenna and whether its potential power of eminent domain applies to the structure as well as the land. We hope that the Township Committee is continuing in the direction of preserving the entire Crawford Hill property along with the antenna," said co-president Regina Criscione.

And another resident also commented on the action.

"It is important that we don’t get surprised down the road because of any contractual rights or exceptions or exclusions of the local redevelopment and housing law," said resident and activist Kin Gee.

According to the complaint, at the request of Crawford Hill Holding, LLC and Burke Contracting, LLC, defendants in the action, "the township authorized an investigation to determine if the property qualifies to be designated as an area in need of redevelopment under the Local Redevelopment and Housing Law, and it has engaged in corresponding negotiations concerning the future of the property."

The township in November authorized the Planning Board to study the site as one in need of redevelopment to exercise greater control of its future.

But the complaint notes that "months have passed, and these parties have been unable to fully apprise the township regarding the ownership status of the Horn antenna. As a result, the Township of Holmdel seeks judicial intervention to determine its rights with respect to the Horn antenna, so that it may act on an informed basis under applicable law."

The complaint notes a clause in the contract for the sale of the site by Nokia to Crawford Hill LLC that pertains to the location of the Horn antenna. Part of the clause reads: "In addition, if Buyer (Crawford) makes a determination that it no longer wants the Horn antennae, Buyer shall contact Seller (Nokia) and give Seller the first right to remove and relocate the Horn antennae."

On April 10, the township requested “a sworn statement as to Crawford Hill Holdings’ “complete ownership and control of the Horn Antenna.” In response, the township was advised that Crawford Hill Holdings would be retaining two new attorneys in anticipation of litigation, the complaint says.

"Crawford Hill Holding and Burke have never provided the township with any definitive information concerning the ownership and control of the Horn antenna, nor have they
provided any information other than the clause within the sale contract," the complaint notes.

Deputy Mayor Rocco Impreveduto said, in a statement from the township, that “The Horn antenna represents Holmdel’s place in history. I am proud that the Township Committee is taking a proactive approach to establish the township’s rights regarding the Horn antenna, so we can make the best decisions possible to benefit the public.”