Judge Orders Final Ruling In Drew University Lawsuit Against Madison

MADISON, NJ — A Morris County Superior Court judge's official decision has brought an end to the legal dispute between Drew University and the Borough of Madison.

According to the final ruling, Madison Borough must include undeveloped acres of Drew University property in the town's calculation of land available for affordable housing if units can be built on them.

Superior Court Judge Stephan Hansbury previously ruled in Madison's favor in late August, saying the Borough's Affordable Housing settlement should not be overturned, but that he needed more time to make an official ruling.

The lawsuit was initially filed in June 2022 as a result of the Borough's settlement on affordable housing in 2020, which excluded undeveloped university land close to Loantaka Way from the plan.

Drew officials claim that this exclusion was intentional and that the borough concealed the existence of the land to keep it out of the settlement process.

"There can be no doubt that an additional 53 or 63 acres of vacant developable land would have a significant impact on Madison's realistic development potential," Hansbury said. However, the argument about whether Madison purposefully omitted the land from its calculations was rejected, according to the ruling.

The judge declined Drew's request to invalidate Madison's affordable housing plan, citing the need for speed in resolving the issue.

The ruling outlines the case's next steps.

Hansbury requested that Drew submit a survey of the land indicating how many acres could be used to build houses. Madison must then determine whether housing could be built there and, if necessary, revise its calculations of available land for housing.

The judge noted that Madison's revised affordable housing plan could include land other than the Drew Forest if additional parcels become available. "If it results in an increased fair share number, Madison will be given the opportunity to present a revised plan which not need include 'Drew Forest,' if other reasonable means are presented," Hansbury said.

Drew University officials welcomed the ruling.

“We are pleased that the judge ruled in Drew’s favor by finding the University’s surplus lands must be considered for realistic development potential,” said John Inglesino, the university’s attorney. “Drew University looks forward to working closely with Madison to accomplish our mutually beneficial goals.”