Second complaint filed against Saddle River on affordable housing as judge dismisses first

Marsha A. Stoltz, NorthJersey.com
·2 min read

SADDLE RIVER — A second complaint has been filed against the borough challenging its proposed bonding and purchase of a $1.7 million single-family home as a potential future affordable housing site.

The complaint was filed Tuesday on behalf of resident Stephen Sweeney, whose Twin Brooks Road property abuts the 2-acre site at 333 Mill Road, in the borough's southeast corner.

The complaint was filed the same day Superior Court Judge Christine Farrington dismissed a similar complaint filed by unnamed Concerned Citizens of Mill Road. Both complaints challenge the legality of the borough's ordinance wording and procedures in preparing to buy the property. Both seek a permanent injunction prohibiting the borough from bonding or buying the property.

The Saddle River Borough Council contends it will repair and rent out the house at 333 Mill Road, but characterizes its purchase as more of a negotiating "wild card" than an affordable housing site. Surrounding residents remain skeptical.
The Saddle River Borough Council contends it will repair and rent out the house at 333 Mill Road, but characterizes its purchase as more of a negotiating "wild card" than an affordable housing site. Surrounding residents remain skeptical.

At Tuesday's hearing, Farrington ruled that the Open Public Meetings Act "was not violated" by Saddle River in issuing the notices and approving two sets of ordinances, those approved on March 20 and the revised ordinances approved by the Borough Council earlier this month.

The judge said both sets of notices regarding the acquisition and bond ordinances were "adequate in accordance with statutory requirements." The first set of notices did not specify the use to which the property would be put. The second set of notices specified that the land was being purchased for "affordable housing or other public uses."

Saddle River's proposed purchase of a single-family home at 333 Mill Road (red) on its southeast border has raised questions from surrounding residents about its possible future use as an affordable housing site.
Saddle River's proposed purchase of a single-family home at 333 Mill Road (red) on its southeast border has raised questions from surrounding residents about its possible future use as an affordable housing site.

Sweeney's attorney Michael Saffer argued in the new complaint that the "other public uses" wording in the revised ordinance constitutes "a deficient identification of its purpose." He also argued that because the second bond ordinance does not take effect until 20 days after it is published, the borough would be in violation if it closes on the property sooner.

"While we are cognizant of the judge's dismissal of the other case this morning and respect that decision, Mr. Sweeney's claims against the borough, in this case, concern the ordinance passed last night and rest substantially on different grounds that the judge did not consider in the other case," Saffer said. "In our estimation, the judge's decision in the other case does not directly impact Mr. Sweeney's claims. We look forward to a positive outcome for our client."

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The borough was originally scheduled to close on the house on May 5, but Borough Attorney David Lafferty confirmed Wednesday that the closing has not yet taken place.

The complaints come as the borough finally received court approval for its February 2020 third-round affordable housing plan earlier this month.

This article originally appeared on NorthJersey.com: Second complaint filed against Saddle River's affordable housing plan