Page 8 THE VILLADOM TIMES IV • October 31, 2012 Mahwah Council confirms defense of Crossroads lawsuits by Frank J. McMahon The Mahwah Council has confirmed its decision to defend the two lawsuits filed against the township in regard to the rezoning of the 140-acre International Crossroads property at the intersection of Routes 17 and 287. On March 31, 2011, the council changed the zoning of the property from office park use to retail use. That decision is being challenged in Superior Court by the Committee to Stop the Mahwah Mall, a group of residents who object to the construction of a retail mall on the Crossroads site. The council repealed the rezoning ordinance on Sept. 1, 2011. That action is being challenged in Superior Court by the developer, who is seeking to nullify the repeal. Crossroads Developers, LLC plans to construct a 600,000 square foot retail center with two big box stores, a tenplex theater, 200,000 square feet of retail shops along a pedestrian oriented corridor, and an athletic field. Those plans are currently being reviewed by the township’s planning board. At the public portion of the council’s last public meeting, Susan Chin, a member of the Committee to Stop Mahwah Mall, pointed out that the council apparently decided the rezoning of the property was a mistake because the governing body rescinded the rezoning ordinance. She asked the council to instruct the township attorney not to continue to defend the council in their lawsuit, which claims there was a conflict of interest when the rezoning ordinance was adopted. Chin claims the rezoning was forced on residents without their input when the council turned down the public outcry for a referendum three times, and turned deaf ears to the more than 500 people who came to town hall when the rezoning ordinance was adopted. Mahwah Township Attorney Andrew Fede advised the council, however, not to discuss the matter in public because it has already been argued in court and post trial briefs were scheduled to be submitted the following day. He went on to explain that he does the best he can to defend all sanctions of the council and, therefore, he is defending the council’s action to adopt the rezoning ordinance and the council’s right to change its mind and rescind that ordinance. He pointed out that there is only one issue in the lawsuit filed by the Committee to Stop Mahwah Mall: whether former Councilman John DaPuzzo had a conflict of interest when he voted to adopt the rezoning ordinance. The lawsuit claims DaPuzzo had a conflict because his wife is the township’s director of recreation, and the developer intends to build a recreational field on the Crossroads site, and the developer made 10 years of donations to the Mahwah Schools Foundation of which Mr. DaPuzzo was a founding member. Fede said the judge could invalidate one or the other of the ordinances -- or both of the ordinances. He said he has no way of knowing how the judge would rule in the recently argued lawsuits. He said, however, “We are vigorously defending both lawsuits.” Fede advised the council that, if they want to discuss the lawsuits, they should go into closed session, and the council members voted to do so. Before they went into closed session, Josephine Bourgholtzer, a resident of Hillside Avenue, reminded the council that it has rescinded the rezoning ordinance, which was found to be inconsistent with the township’s master plan. She said the township could save legal costs if they abandoned their defense of the council’s adoption of the rezoning ordinance. Susan Stedtler of West Ramapo Avenue agreed, claiming it would be a simple solution. “Why defend it to our own detriment?” she asked. Fede said that, if the council told the judge they were no longer going to defend their action to adopt the ordinance to rezone the property, the developer would file another lawsuit against the township. Following the closed session, the council returned to reopen the public meeting. Council President John Spiech advised the public that the council decided not to take any action on Chin’s request. Lynne McLewin of Miller Road said she was very angry and she held the council to blame for not “remediating” this issue last year. “We are disappointed that, given the opportunity to support the people’s choice of no mall, the council has again denied the results of the referendum, when the majority of the public said, ‘no mall,’” Chin said. “The council’s decision to take no action shows that they did not truly support the repeal of the rezoning Ordinance 1684, which allowed retail the size of Paramus Park and two big box stores at Crossroads.” The Church of the Immaculate Conception will present a five-part study of the Nicene Creed, “Credo,” in celebration of its Year of Faith. This program will be held Nov. 8, Dec. 13, Jan. 24, Feb. 21, and March 14 at 7:30 p.m. at 900 Darlington Avenue, Mahwah. Explore what is meant by “I believe.” “Credo” will feature guest speakers Rev. Douglas Milewski, S.T.D., professor of theology at the Immaculate Church sponsors Nicene Creed study Conception School of Theology at Seton Hall; Sister Mary Gabriel, SV of the Sisters of Life; Maria Parker, teacher and former FOCUS Missionary; Father Andrew Apostoli of the Franciscan Friars of the Renewal; and Dr. Ines Murzaku, Ph.D., professor of religious studies at Seton Hall. Registration is required. Contact Jennifer Edwards at (201) 327-1276 or Jennifer.EdwardsICC@gmail.com. A free-will donation will be welcome.