West Essex Preservation & Open Spaces Coalition Inc

Join the fight against the development of Green Brook Country Club. Your donation will help fund the litigation against Green Brook Realty and the Borough of North Caldwell and hopefully save this precious land. The initial goal is to raise $10,000 towards attorney fees. Any contribution you can spare is most appreciated.

West Essex Preservation Open Spaces Coalition, Inc. (“WEPOS”) is a 501(c)(3) that was formed to promote open space in the West Essex community. A lawsuit was filed against the Borough of North Caldwell and Green Brook Realty Associates, LLC challenging the Borough’s recent amendment to a previous Settlement Agreement in the Borough’s affordable housing litigation matter. Through this amendment, the Borough gave up its right to 12 acres of land in return for $1,500,000.00 worth of enhancements to Walker Pond and other areas, which services are to be provided by the owners of Green Brook Realty Associates.

There was significant public opposition to the then proposed amendment to the Settlement Agreement, but ultimately the Mayor and Council pressed forward and formally authorized by vote an amendment of the Settlement Agreement whereby the Borough gave up the highly valuable right to 12 acres of North Caldwell land.

Of critical importance is that settlement agreements in the affordable housing context are generally required to be placed before a court, with notice to the public. Effectively the court asses the “fairness” of the agreement in the context of the mandate to provide affordable housing. This is called a “Fairness Hearing.” The Borough previously participated in a “Fairness Hearing” before the Court on notice to all parties required to be noticed under the law.

With respect to the amendment to the Settlement Agreement, however, the Borough effectively circumvented the Fairness Hearing Process and amended the Settlement Agreement (giving up the right to 12 acres of land!) without any public notice in the affordable housing matter.

Green Brook Realty and the Borough recently filed motions to dismiss asserting that the plaintiffs never “intervened” in the Borough’s affordable litigation matter and therefore do not have any rights to assert claims against the Borough. By these motions, the Borough is seeking to throw out the entire case asserted by residents seeking to challenge the Borough’s actions.

West Essex Preservation Open Spaces Coalition is raising money to fund litigation against Green Brook Realty and North Caldwell in the Borough’s affordable housing matter. The goal is to raise $10,000.00 to retain Anthony S. Bocchi, Esq. of Bocchi Law LLC, a North Caldwell resident who is passionate about preserving this land and standing up for what is right for the Borough’s future.