An Aug. 7 legal showdown will occur in Superior Court, Hackensack, between attorneys for Englewood Cliffs’ Republican Mayor Mario Kranjac and four Democratic council members over the mayor’s accusations the group tried to “usurp his authority” and “ram through” an affordable housing settlement without his input.
Kranjac’s lawsuit was filed June 30 and is the latest local legal skirmish to break out during 2020, a year that began with a Superior Court decision against the borough, ordering it to rezone for 347 affordable housing units by April.
In April, Superior Court Judge Christine Farrington stripped the borough of its zoning powers for failing to comply with her January order and appointed a special master to develop a constitutionally-compliant affordable housing plan by July.
The borough has appealed both decisions, but Farrington has denied both appeal motions and has ruled appeals cannot be heard until the borough satisfies her previous orders.
Meanwhile, Kranjac charged that the Democratic council majority was trying to move forward on an affordable settlement without including him.
“It now appears, however, that the Council Person Defendants seek, before the appeal can even be heard, to ram through a capitulatory ‘settlement’ with 800 Sylvan, the terms of which are not known and were never discussed with the Mayor or the full Council, let alone the public,” states Kranjac in his legal complaint.
“Given the extreme (and grossly improper) exclusion of (Kranjac) from all aspects of Mt. Laurel litigation, and given Mr. Wunsch’s (borough special counsel) communications with 800 Sylvan, (Kranjac) and the public (i.e., the victims of the Council Person Defendants’ lack of transparency) are justifiably concerned that not only is any purported settlement extremely disadvantageous (to) Englewood Cliffs but also as to whether the Council Person Defendants—who plainly have something to hide—are interested in the settlement and/or any aspect of the 800 Sylvan Project,” alleges Kranjac’s complaint.
The complaint was filed by attorney James Van Splinter, of Kranjac, Tripodi & Partners LLP, Englewood Cliffs.
Like most towns, the borough has been engaged in negotiations since July 2015 when affordable housing obligations were turned over to state Superior Courts after the New Jersey Supreme Court declared the Council on Affordable Housing “defunct” due to its inability to order third-round obligations.
When the borough did not rezone for affordable units by its April deadline, Farrington stripped the borough of zoning powers and appointed a special master to rezone the borough for 347 affordable units, including a 600-unit development at 800 Sylvan Avenue—the former Unilever site—that includes 120 affordable units. That rezoning was ordered to be completed by the end of July.
In order to fulfill its affordable obligations, the borough originally proposed to construct a 100 percent affordable 57-unit complex on a two-acre tract currently occupied by the municipal building, parking area and Lions Club. Along with zoning overlays, the borough believed that should satisfy its affordable obligations.
Kranjac has repeatedly vowed to appeal all rulings against the borough, and continues to, despite Farrington’s consistent rulings against the borough. Kranjac alleges that Farrington has “misapplied the applicable law” in deciding against Englewood Cliffs.
In his complaint, Kranjac also says the four council Democrats have violated the Local Government Ethics Law due to their conflicts of interest in voting against an investigation of their own communications with affordable housing counsels. He asks that the June 10 council vote on a motion for an investigation also be declared null and void, plus attorney’s fees for his lawsuit.
At the July 8 council meeting, Councilman William Woo called for an investigation again. However, after a harsh exchange of words between Kranjac and Borough Attorney Joseph Marinello about adding a motion to investigate, Kranjac would not permit Marinello to speak, noting the board attorney is not an elected official.
At a certain point, Kranjac muted Marinello, then removed him from the virtual meeting, calling the attorney “disrespectful to the mayor.” Following his removal the four Democratic council members voted to end the meeting, due to Kranjac’s recent lawsuit against them and a lack of counsel at the meeting.
The mayor’s lawsuit was filed a few days before the July 8 council meeting.
Farrington previously said the borough has shown bad faith by not constructing even one unit of affordable housing over nearly 40 years of state law requiring zoning for such housing. Kranjac disagrees with Farrington.
“In an affront to American jurisprudence, the judge will not permit us to appeal her decisions until there is a final decision, but she and her Special Master are trying to force the borough to now implement the very decisions which we would appeal,” Kranjac emailed Pascack Press July 14.
“While the Council Majority has breached their oaths of office, the borough attorneys have breached their professional duties to their client by depriving me, the Mayor, of information,” emailed Kranjac.
He further explained what’s at stake in the affordable housing battle.
“We now see council members and others using the Mt. Laurel litigation statewide as an excuse for anything goes: council members violating the mayor’s rights; council members advancing the goals of the Democratic party ahead of the residents’ interests; attorneys depriving the mayor of information; courts acting as municipal planners; Special Masters acting as heavy-handed enforcers; and special interest groups like Fair Share Housing (Center) becoming the fourth branch of a socialistic and corrupt state government. I assure everyone that I will continue fighting this corrupt socialistic land and vote grab,” wrote Kranjac.
“In closing, I reiterate that our governor and state government should be more concerned about feeding the hungry, employing the jobless, and remotely educating children; rather than redistributing our property values to their developer friends and political donors,” Kranjac emailed.
In addition to Englewood Cliffs’ five-year legal battle on affordable housing, nearby Park Ridge also faces a possible summer trial on affordable obligations. Most area towns settled obligations to cover the 1999-2025 period within a couple years after the state Supreme Court ordered Superior Courts to administer affordable housing settlements statewide in 2015.
That decision was made following nearly 16 years of inaction by the state-created Council on Affordable Housing due to political inertia and legal challenges. The state’s Fair Housing Act of 1985 initially created the council.