North Brunswick group wins battle on Pulda Farm
Lawsuit reopened against high-density development
Sunday, February 18, 2007
BY DIANE C. WALSH
Star-Ledger Staff
Score one for the little guy.

A North Brunswick activist group committed to saving the Pulda Farm recently persuaded a state appeals court to reopen its lawsuit against a high-density development on the pristine 70-acre tract near Farrington Lake.

The North Brunswick Residents Against High Density Housing filed the lawsuit against the township government and Jack Morris, one of the largest and most politically influential builders in Middlesex County. Morris proposed a 340-unit age-restricted housing development on the land.

North Brunswick cleared the way for Morris' plan in August 2004 when the township council agreed to rezone the land. Without the change, no more than 70 single-family homes could be constructed on the site.

"This a super significant decision for Middlesex County and North Brunswick," said Barbara Lewinson, an attorney and former trustee of the activist group. She resigned from the board more than a year ago so she could take on the case.

Lewinson is awaiting a hearing date from Superior Court in Monmouth County since the appellate court also agreed the case should be moved out of Middlesex. She convinced the appeals panel that Morris' attorney, Douglas Wolfson, a former Middlesex County judge, could have too much sway with his former colleagues on the bench.

While there are no allegations that Wolfson acted improperly, the appeals court ruled the former judge's credibility may be an issue and it would be best to move the case out of county.

Neither Wolfson nor Morris could be reached for comment.

When Lewinson entered the case, Superior Court Judge James Hurley had recently dismissed the lawsuit after concluding a settlement had been reached. But Lewinson and other members of her nonprofit organization questioned how the court accepted a settlement when they never authorized anything.

Larry Witlen and Khalid Bajwa, two newly designated trustees, said they also do not understand Paul Matacera's role in the case. Matacera, a former North Brunswick mayor, said he was asked by Wolfson and Michele Donato, the resident group's former attorney, to be an intermediary. Matacera said he had a relationship with both attorneys.

In the 12-page decision handed down by the appellate court three weeks ago, the judges said Matacera certified that a settlement was reached.

Yet, the trustees were flabbergasted that Matacera would have any role since his brother-in-law is Morris' business partner, John Lynch, a former state senator now serving time in federal prison on corruption charges. Matacera is also the vice president of a lobbying firm whose client list includes Morris' firm, Edgewood Properties.

But Matacera said Morris did not hire his firm until after his work was done trying to facilitate the settlement. Matacera said he would have no further role in the case.

The validity of the claimed settlement would be the subject of the first hearing when the case is reopened. Witlen is confident the court would determine there is no settlement.

"Maybe then we can hear the case on its merits," he said.

The residents group has long contended the township violated procedures in rezoning the tract and the decision should be overturned. Mayor Francis "Mac" Womack said, however, the township council and the planning board followed all the right procedures.

"We did the approvals twice to make sure," he said.

Womack argued the group's lawsuit would not save the land since it only seeks to undo the new zoning.

"I would have liked to obtain the land for open space, but we have neither the resources nor ability to do it," he said.

North Brunswick cannot match the purchase price Morris is offering the Pulda family for the land, the mayor said. While other towns have seized property using the powers of eminent domain and condemnation to block development, Womack said when he was first elected, he campaigned against the use of eminent domain and would not reverse course now.

If the activists succeed, Womack said single-family houses would be built on the land and the new homeowners would drain township services with additional children in the schools.

But Rita Goldstein, another member of the residents group, argued that studies show the kind of expensive upscale houses likely to be built on the tract do not generate that many schoolchildren.

Witlen said his group's goal remains keeping the land as open space. "If we could do that we'd be doing cartwheels," he said.

Diane C. Walsh may be reached at dwalsh@starledger.com or (732) 404-8087.