Two of the three counts in a Jersey City lawsuit that sought to delay the Exchange Place Redevelopment Plan survived a motion to dismiss, meaning the case remains fully in tact.
By John Heinis/Hudson County View
The lawsuit, filed in Hudson County Superior Court in June 2022 by Jeanne Daly, the Polish American Strategic Initiative, Inc., and the Polish American Strategic Initiative Educational Organization, Inc,. alleges that the planning board hearing from May 10th, 2022 did not follow the Open Public Meetings Act and therefore the matter should be heard again.
An amended complaint was filed in February and Hudson County Superior Court Judge Martha D. Lynes denied the motion to dismiss counts two and three on Thursday, her chambers confirmed today.
The second count alleged that the Jersey City Planning Board violated OPMA and the third count claimed that municipal land use law was violated.
The first count asserted that the planning board engaged in “arbitrary, capricious, and unreasonable conduct” for considering information that was outside the record of their April 26th, 2022 hearing where the plan was initially voted down.
When the project was rejected, supporters of the Katyn Monument indicated the redevelopment would obstruct the statue, while planning board commissioners expressed concerns with the public being left out of the process.
“The reality today is Jersey City residents have a spectacular plaza where the extensive renovation is almost complete,” said Exchange Place Alliance Executive Director Elizabeth Cain.
“Exchange Place is a wonderful space for the benefit of the entire City and is fully funded by the Alliance. If in fact this case does go to trial, we are fully confident the City and the Alliance will prevail.”
Stuart Lieberman, counsel for the plaintiffs, did not return an email or call seeking comment.
Correction: This story initially incorrectly stated that a portion of the lawsuit was dismissed.
