Mahwah July 20, 2011 THE VILLADOM TIMES IV • Page 3 Court of appeals revives wellness center ordinance by Frank J. McMahon A three-judge panel of the Appellate Division of the Superior Court of New Jersey has reversed a lower court judge’s decision that invalidated a Mahwah ordinance. The ordinance would have included health and wellness centers and fitness and health clubs as principal permitted uses in the township’s GI-80 general industry and IP-120 industrial park zones. The ordinance was adopted by the township council on Sept. 10, 2009 after a public hearing. The council also adopted a resolution that contained the reasons for its actions. The next month, Mahwah Realty Associates, Inc., the landlord of the NY Sports Club that is located on Leighton Place in the Fardale section of the township, and TSI Mahwah, LLC, the owner of the New York Sports Club, filed a lawsuit against the township, its mayor, council, and the township’s planning board. In October 2010, Superior Court Judge Estela M. De La Cruz found that the ordinance violated a state law on the procedural grounds that a state law requires the reasons for adopting the ordinance to be recorded in the minutes pertaining to the council’s discussion at the public hearing on the ordinance in addition to being set forth in the resulting resolution. The township appealed that judgment, and Attorney Andrew Fede of the law firm of Archer & Greiner wrote the brief and presented the oral argument in the matter before the Appellate Court panel in June. The Appellate Court’s decision was released to the public this month. Judge Clarkson S. Fisher Jr. delivered the opinion for the panel, which included Judges Mary Catherine Cuff and Douglas M. Fasciale. The opinion states that the panel disagreed with Judge De La Cruz, and concluded that “the governing body’s actions here were sufficient to meet the statute’s requirements.” As a result, the Appellate Court panel effectively reversed the lower court judge’s decision. Fisher acknowledged in the 16-page ruling that that the literal wording of the statute calls for the reasons for adopting an ordinance that is inconsistent with a master plan (continued on page 23) Travel team wins title The Mahwah 14U travel baseball team won the Spring League Championship defeating the Rockland Vipers, 17-4 in five innings. Standing: David Lotito, Head Coach Rob Curry, Chad Pinnix, Kurt Petric, Shane Curry, Ed Gordon, Eric Lasker, and Joe Mauro. Kneeling: Justin Huang, Connor Martel, Ian Heniz, John Regina, Kyle Dubiel, and Assistant Coach Victor Huang. Not pictured: Matt Himpele and Assistant Coach Don Himpele.