Piscataway wins second court battle over warehouse development near Randolphville School

PISCATAWAY – A Middlesex County Superior Court judge has dismissed a lawsuit that challenged the township's rezoning of a 24.5-acre tract on South Washington Avenue for industrial use about 220 yards from Randolphville School.

In a 53-page opinion, Judge Aravid Aithal dismissed the lawsuit brought by the Piscataway Progressive Democratic Organization, Piscataway Families for Clean Air, Piscataway Youth Progressive Organization, Piscataway Board of Education president, former school board members Ralph Johnson and Zoe Scotto, and Staci Berger, who has announced her intention to run against Democratic Mayor Brian Wahler in the June 4 primary.

The controversy over the property began in 2016 when M&M Realty Partners at Piscataway proposed 268 two-bedroom condominiums, 30 affordable housing units, an 86,000-square-foot grocery store and other retail uses on the property. Jack Morris, one of the most prominent developers in the state whose headquarters is in the township, is a partner in M&M.

The township Zoning Board of Adjustment denied the application and M&M took the township to court. A settlement was reached before trial and the number of residential units was reduced to 242.

M&M then changed its plan to build two warehouses totaling 360,000 square feet on the property. That plan was approved by the Zoning Board of Adjustment in 2021.

A lawsuit challenging that approval filed by many of the same plaintiffs was dismissed by Middlesex County Superior Court Judge Thomas McCloskey in May 2022.

The property, across from Halper Farm, was then rezoned from rural residential to industrial.

More: Piscataway controversial warehouse plan proceeds after court ruling

In the more recent ruling. Aithal wrote that the plaintiffs had failed to show that the rezoning ordinance was inconsistent with the township's 2005 Master Plan and the 2020 Re-Examination Report.

The judge also said the township "acted properly in adopting the ordinance" and its actions were not "arbitrary, capricious or unreasonable." Aithal also ruled the zoning was neither "spot zoning or fiscal zoning."

Mayor Wahler welcomed the judge's ruling on what a township press release called a "politically motivated lawsuit" and an "overwhelming victory for Piscataway residents."

“The ruling is a victory for good planning, stable taxes, prosperity for residents and a thriving Piscataway,” Wahler said in the press release. “Sadly, the Township was forced to spend hard earned tax dollars defending our residents against the machinations of this frivolous lawsuit.  Nevertheless, the ruling was clear and Piscataway can continue to move forward.”

The press release says the township "was able to require measures to mitigate the impact of the center" on Randolphville School." The release also said the warehouse development will bring property tax revenue to the township and "good paying jobs to hard working residents."

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Piscataway NJ wins another court battle over warehouse development