Planning Board Selects Hackensack Law Firm to Handle Wetlands Litigation

The firm Archer and Greiner will now represent the Paramus Planning Board, one of several defendants named in a $14 million federal lawsuit by a developer, Shamrock Creek LLC, which claims the defendants interfered with the company's plans to build on its own property.

The Planning Board held a special meeting Wednesday night to appoint a new attorney for the case and to vote on the first round of responses to the lawsuit. Francis A. Ciambrone, who serves as the attorney for the Planning Board, recommended the firm which has offices all over the state, the nearest being Hackensack, to take over representation in this case.

Previously the firm Kaufman, Semeraro, Bern, Deutsch & Leibman represented the board in this case but now that Paul Kauffman is serving as borough attorney, it was recommend a new firm be selected so as to avoid a conflict of interest, explained Ciambrone.

Shamrock Creek purchased the 35-acre property in 2002 with the intention of cleaning up the contaminated site in order to construct a senior development  called "Enchantment of Paramus" on Soldier Hill Road. The area was found to be contaminated with arsenic, lead, barium and zinc following a 2002 environmental and remedial investigation. The property had been previously used as a municipal dump for a period of 30 years.

In the lawsuit, Shamrock Creek LLC is seeking restitution of $14 million it would have received from the sale of the 35-acre property to JDME Acquisitions LLC along with a judge's order preventing the defendants from further interfering with their right to develop the property and damages. The company is also requesting that the borough be ordered to pay the costs to clean up the site.

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