EMERSON—The borough attorney said Dec. 2 that the redeveloper’s recent work on the 147-unit, mixed-use Emerson Station project has been “part-time,” and that the borough’s efforts to remove Emerson Redevelopers Urban Renewal (ERUR) will continue — including steps toward gaining control of the project via eminent domain.
McCann declined to comment on ERUR’s newly filed lawsuit accusing Emerson and the mayor of delaying affordable-housing construction. He said, however, that similar claims raised previously were deemed “specious” by federal courts. Mayor Danielle DiPaola said the new lawsuit would be discussed in closed session on Dec. 2 and that no public statement would be issued that night.
(See “‘No longer economically viable’ — New suit over Block 419,” by Michael Olohan, Dec. 1, 2025, Pascack Press, p. 9.)
McCann reiterated that the borough has long supported seeing the Block 419 project completed. “The borough’s position has been very clear: we want that project built. From the day Mayor DiPaola took office in her first term, that has been our posture,” he said.
He noted that while some “recent activity” has occurred on the site, it is “not sufficient enough to obviate” legal action, including the pursuit of eminent domain. He said “another list” of contract breaches by ERUR remains unresolved.
The borough will soon conduct a property-condition evaluation and then file litigation seeking to remove ERUR and take over the project, McCann said. He added that the redeveloper has experienced financial difficulties in projects statewide.
Special counsel Brian Giblin said the borough has won three Appellate Court decisions tied to the redevelopment’s affordable-housing components. Multiple allegations made by ERUR against Emerson and the mayor were rejected by an Appellate Court ruling that upheld the borough’s refusal to rezone 129 Kinderkamack Road, where ERUR sought to place seven off-site affordable units.
Initially approved in 2018, the downtown project was to include 29 affordable units — seven off-site — but none have been completed.
Fourth-round affordable obligations
Giblin said a meeting was set for Dec. 5 to discuss settlement terms for the state’s fourth-round affordable-housing obligations (2025–2035). He did not provide details on intervenors or units under negotiation.
McCann noted that Emerson did not join the now 36-town lawsuit launched by Montvale in 2024 to challenge the amended Fair Housing Act and fourth-round rules. He said his advice was that the litigation was “a loser” and a “bottomless pit with no end in sight.” The suit, he said, failed in both state and federal courts “pretty easily,” and was unlikely to overcome New Jersey’s strong Mount Laurel doctrine.
He added that by avoiding the suit — which would have cost roughly $20,000 in legal fees — Emerson did not waste taxpayer funds.
Deer management
Councilors accepted an $8,000 DEP grant for a drone-based deer population study, according to Resolution 272-25. Clerk Triessa DeSimone said the survey will be conducted over the winter to obtain an accurate head count.
Montvale, Hillsdale, and Old Tappan recently announced similar drone surveys. Most local officials say they prefer non-lethal deer management strategies; only Saddle River conducts an annual bow hunt.
Raritan Valley Community College, Branchburg, will conduct the drone flights, with a follow-up report expected at a future council meeting.
In other business, the council rejected a lone $144,000 bid to upgrade the senior center’s doors to meet ADA requirements. The project will be rebid in hopes of securing lower pricing.