Politics & Government

Lawsuit Appeal Dismissed, One Westfield Place 'Moving Forward With Renewed Momentum'

An appeal filed by the Westfield Advocates for Responsible Development was dismissed by the Appellate Court on Friday.

An appeal filed by the Westfield Advocates for Responsible Development was dismissed by the Appellate Court on Friday.
An appeal filed by the Westfield Advocates for Responsible Development was dismissed by the Appellate Court on Friday. (Alexis Tarrazi/Patch)

WESTFIELD, NJ — For the third time, a legal attempt to stop the One Westfield Place project has failed. An appeal filed by the Westfield Advocates for Responsible Development was dismissed by the Appellate Court on Friday.

"I’m pleased to share that the Town of Westfield has once again prevailed in litigation brought by the Westfield Advocates for Responsible Development challenging the One Westfield Place redevelopment plan," said Mayor Shelley Brindle. "This latest ruling affirms the previous court’s decision that the Town acted appropriately and responsibly in determining that One Westfield Place (Lord & Taylor/Train Station Redevelopment Plan) is consistent with our Master Plan."

This is the third time the Westfield Advocates have tried to legally challenge the project. The first challenged the Sophia redevelopment agreement, the second questioned the One Westfield Place project’s consistency with the Master Plan and the Town’s process, and the third appeal challenged the court’s earlier ruling.

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"We are very disappointed with the [Appeals] Court decision, as it did not address the merits of the One Westfield Place project or justifications for the taking of the Town’s train station parking lot areas, that we hoped the Court would consider given the lack of any meaningful consideration in 2022-23 by the Planning Board or Town Council to incorporate widespread community concerns with the project," said the Westfield Advocates in a statement.

"The Court’s decision primarily reasoned there is 'wide discretion' afforded to decisions voted by the Planning Board and the Town Council, as well as evidentiary determinations by the trial court. We continue to believe that the One Westfield Place project, as currently (and previously) formulated and configured in the Train Station Redevelopment Plan, is not in the best interests of Westfield and its residents," continued the Westfield Advocates.

Find out what's happening in Westfieldfor free with the latest updates from Patch.

The legal battle isn't done as the Westfield Advocates have filed a fourth lawsuit challenging the recently adopted amended redevelopment plan.

"We continue to believe that the One Westfield Place project, as currently (and previously) formulated and configured in the Train Station Redevelopment Plan, is not in the best interests of Westfield and its residents," stated the Westfield Advocates. "Westfield Advocates will continue to evaluate legal options with our attorneys."

Brindle noted the financial burden the lawsuits have cost taxpayers.

"In addition to legal and professional fees incurred by taxpayers, a significant opportunity cost has been incurred due to the delays that these lawsuits have caused for One Westfield Place," said Brindle. "The vacant Lord & Taylor site continues to sit as an untapped asset when it could have been well on its way towards delivering jobs, revenue, and numerous planned public improvements, including traffic mitigation measures, downtown green spaces, and more."

With the most recent appeal dismissed, Brindle said, "Residents can expect to see visible signs of progress and hear exciting updates in the months ahead. We remain committed to responsible development that benefits our entire community and appreciate your continued support."

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