By Joshua Burd
A state Superior Court judge has dismissed a lawsuit by professional services firm PS&S that sought to void a redevelopment plan adopted by Scotch Plains, following the town’s decision in 2021 to change developers for a key piece of its downtown.
PS&S, which is based in Warren, was a consultant for Advance Realty Investors during some 16 months of discussions around how to revive more than nine acres in the central business district. But the township council voted in June 2021 to sever its agreement with Advance and seek a new developer, citing an impasse over design and construction issues.
At the time, PS&S said it planned to sue the municipality, claiming Scotch Plains used the firm’s plans, drawings and other documents for the project “without adequate compensation” and that it “enticed PS&S to expend extraordinary time, materials and manpower to develop concepts plans and development standards.” The subsequent lawsuit alleged the township’s downtown redevelopment plan was not consistent with its master plan, also claiming the governing body did not properly review the plans for consistency as required by state law.
Scotch Plains on Wednesday claimed victory after the Aug. 8 ruling by Superior Court Judge Mark P. Ciarrocca, sitting in Elizabeth. The township noted the judge’s findings that its “procedure fully complies with the requirements” and that PS&S could not show that the municipality violated the New Jersey Local Redevelopment and Housing Law.
“This decision in favor of the township proves that Scotch Plains followed the necessary public procedures when adopting our downtown redevelopment plan,” Mayor Josh Losardo said. “We will aggressively defend our community from frivolous lawsuits, such as this, that are blatant and selfish attempts to prevent our community’s progress.”
PS&S declined to comment on Wednesday. Scotch Plains last year announced that it had tapped Fairfield-based Woodmont Properties as its new conditional redeveloper for the downtown, following a request for qualifications that drew proposals from nearly a dozen builders.
Scotch Plains seeking developer, forging ahead with long-awaited downtown revival
