During the meeting, an agency member highlighted the litigation between the agency and SP Building Associates, case number 19-CB-21494. The discussion revolved around “in limine” motions challenging the positions of expert witnesses from both sides. The agency has a planner, appraiser, and an environmental demolition expert, while the property owner’s team includes similar experts plus a realtor. The agency filed motions questioning the property owner’s use of “highest and best use” in their valuation, arguing that the necessary variances for their proposed development are unlikely to be granted, especially in light of local affordable housing requirements and revisions to the borough’s master plan.

The judge overseeing the case has been deliberating over a thousand pages of transcripts from hearings that have spanned four days and will listen to oral arguments on May 30th. The start of the trial, originally scheduled for May 29th, has been moved to the first week of September to provide ample time for review and decision-making.

The meeting also covered routine items, including the approval of the minutes and bills, with the agency’s escrow account balance reported at $1,972 after payments.

A member of the public raised a concern regarding the ownership of the land under the Mill Pond, which is claimed by the borough but is believed to still belong to a private owner. The agency clarified that this issue falls under the jurisdiction of the governing body since it does not pertain to the land involved in the current litigation.