EMERSON—A Superior Court judge has delayed a trial launched nearly four years as the borough works to recoup $500,000 in remuneration from its Emerson Station developer, given in exchange for a deed to the former ambulance property.
The trial was delayed from March 4 to March 11 by Judge John O’Dwyer, but possibly conflicting trial scheduling demands on Joseph Fiorenzo, attorney for Emerson Redevelopers Urban Renewal, may likely further postpone the trial.
Moreover, on Feb. 26, Louis Flora, Giblin & Gannaio, attorney for Emerson, told the judge he caught the flu and also requested a trial delay at least until March 6. The judge ordered the trial be delayed at least until March 11.
Another legal option may pose a wrinkle in the lawsuit’s march to trial.
Fioerenzo wrote the judge, “When the parties were previously before (O’Dwyer) on this matter for the Oct, 16, 2023 trial call, the Court advised that in light of the nature of this case—an alleged excuse of condition and breach of a Redevelopment Agreement between Plaintiff Emerson and Defendant developer (Emerson Redevelopers Urban Renewal) related to the construction of an emergency municipal services building and Mount Laurel affordable housing, in which seven substantive motions in limine have been filed—Your Honor sought to explore assigning this matter to the Bergen County Complex Business Judge, Hon. Mary F. Thurber, J.S.C., for a pretrial conference and trial. Defendant seeks to discuss whether that option remains workable.”
The in limine motions were made by the developer’s attorney to attempt to exclude certain evidence that Emerson was prepared to introduce at the trial. No decision has yet been made on that motion.
Fiorenzo also notes that if jury selection did not begin by March 6 in the Emerson case, which is estimated to take two weeks, “it would appear unlikely that we will be able to keep the trial date” due to commitments for another trial in Morris County.
He requests a telephone conference with the judge to discuss the schedule.
According to the borough, the Emerson Station developer, Emerson Redevelopers Urban Renewal, reneged on a $500,000 payment and claims that the borough did not meet its contractual deadlines to provide a new emergency services building site and design by a Dec. 31, 2019 deadline.
However, the developer contends they offered an extension through 2020, but the borough did not respond to its offer. Instead, the borough filed a lawsuit against the redeveloper on June 10, 2020 for breach of contract.
The Emerson Station development, a 147-unit residential mixed-use complex, with 15,000 square feet of retail space, dominates the downtown landscape, and remains under construction.
It was approved in late 2018 by the Land Use Board despite objections voiced by residents and public officials, including then councilwoman, now mayor, Danielle DiPaola.