DUI Lawyers in West Amwell, NJ

WEST AMWELL – A lawsuit has been filed alleging that the Hunterdon County Health Department's approval of a septic system for a proposed marijuana cultivation facility was invalid because a report on the system made "false representations."

The suit, filed by WoodMeier Farms on Rock Road West, also names Green Medicine NJ and GMNJ Properties, which want to convert a vacant church at the intersection of Rock Road West and Route 518 into the cultivation facility.

The lawsuit, filed June 30 in Superior Court in Hunterdon County, comes as the township's Planning Board has scheduled a special meeting for 7 p.m. July 14 at South Hunterdon High School to continue a public hearing on the plan for the facility, which has drawn vocal community opposition.

GMNJ Properties wants to convert the former First Pentecostal Prayer of Faith Church into a 30,000-square-foot cultivation facility.

Green Medicine bought the 22-acre parcel with the 29,000-square-foot empty church building for $2.45 million.

No changes to the exterior, footprint or height of the building are proposed. Green Medicine would also make all necessary repairs to the building and property and would plant trees along Route 518 and Rock Road West.

The lawsuit alleges that the county Health Department based its approval of the property's septic system based on a letter submitted by Green Medicine's engineer that detailed an independent firm's inspection in 2021.

The engineer's letter, according to the lawsuit, certified that the system is not malfunctioning and would not increase the daily sewage usage.

But, the lawsuit alleges, the letter misrepresented the findings of the inspection.

The inspection, according to the lawsuit, "detailed several problems with the septic system" and that "additional investigation is needed."

But based on the engineer's letter, the county Health Department granted approval on June 20.

The lawsuit is asking the court to reverse the Health Department's approval and consider the application again. The Health Department's approval is needed for the application to move forward with the township Planning Board.

Green Medicine reinforced its commitment to work with the township.

"Green Medicine has always been mindful of the communities it works with and within. While we understand some of the concerns that any new business may bring to a community, we have invested significant resources, more than is typical at this stage of the approval process, to alleviate these concerns," said Cheryl Sullivan, CEO of Green Medicine. "Green Medicine has and will continue to demonstrate our commitment to the community by working with our township and neighbors"

Sullivan also touted the community benefits the facility will bring.

"Our plan will benefit all West Amwell taxpayers," she continued. "Besides providing local jobs through responsible agriculture, the township will receive a 2% tax on all sales, as well as a property tax of 2.25% of assessed value. Moreover, we are converting a dilapidated eyesore into an attractive building, surrounded by landscaping that meshes with the rural character of West Amwell."

The township has signed a host community agreement with Green Medicine calling for the company to pay an annual $100,000 community fee for five years, a total of $500,000 if the proposal is approved.

Green Medicine also has agreed to pay the township a 2% tax based on its gross revenue in medical marijuana sales.

The agreement "is to assist the township in addressing the potential health, safety and other effects or impacts of the facility may have on the township and on municipal programs."

The agreement also states that Green Medicine will be allowed to make additional payments to the township, including the funding of local drug abuse, prevention and education programs.

In addition, if the proposal is approved, the property will be subject to property taxes because religious land is exempt from property taxes.

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.

Cheryl Makin

WEST AMWELL – The Township Committee has stated opposition to the South Hunterdon Regional School District’s $33 million school board referendum on the Nov. 2 ballot.

In a letter posted on the West Amwell Township website, the five-person committee said it would not support the proposal due to “a significant amount of propaganda being disseminated by the Board and other municipalities" which it feels does not "adequately address the specific concerns and long-term consequences of this referendum."

The referendum would fund a renovation of Lambertville Public School into a pre-k-4 school and the construction of a new grades 5-8 school on the high school campus.

The total price for the referendum is $33.4 million. However, the district expects 40% debt service aid – $6.8 million – from the state that will only be available if the referendum is approved.

The remaining balance of the project – $26.6 million – would be funded by local taxpayers, school district officials said.

South Hunterdon School District is comprised of three towns – Lambertville, West Amwell and Stockton. More than 900 students attend the three district schools – Lambertville Public School, West Amwell Township Elementary School and South Hunterdon Regional High School.

In the letter, the Township Committee cited concerns including the logistical impact on youngest students, long-term costs of reconfiguration with thoughts to flood mitigation at Lambertville Public School, tax impact to West Amwell residents and security measures for children at the new facility, accusing the school board of intending to do away with Class III security officers.

The committee acknowledged in the letter that West Amwell Elementary School is "dated, lacks certain resources and is limited with regards to open space for expansion," but said "the infrastructure remains sound" and "if maintained properly" should "serve the district well into the future."

The committee accused the school board of taking advantage of the minority representation of West Amwell members on the board, resulting in "not a regional district," but one that is "centered almost exclusively on the wants and needs" of Lambertville.

The cost of renovating Lambertville Public School is $11.35 million with the addition costing $1.362 million.

The cost of building the grades 5-8 school is $20.7 million. The new 5- 8 school would be built on the high school campus.

Lambertville Public School, built in 1968, has, by state standards, an undersized library and music room. West Amwell School, built in 1952, has no art room, music classes meet in a trailer, an undersized library and no heat in the hallways.

Planning for the project began in 2014, when the school board began discussing facilities after regionalization. The school board says now is the time for the referendum to pass because of historically low interest rates. The board also argues the repairs to Lambertville Public School are long overdue and there is no need to purchase land for the project.

Email: cmakin@gannettnj.com

WEST AMWELL – With the last court hurdle cleared, the South Hunterdon Regional School District is moving ahead with plans for the $33.4 million renovation of Lambertville Public School into a pre-K-4 facility and the construction of a new school for grades 5-8 on the high school campus.

A state appellate court judge cleared the way for the project, approved by voters in November by a two-vote margin, by rejecting a motion to stay the sale of bonds to finance the project until an appeal of a Superior Court judge's ruling that the referendum result would stand.

The appellate court's decision has allowed the school district to sell the bonds on Aug. 17, with a closing on Sept. 8.

The decision also gave the district the go-ahead to work on finalizing the design of the new facilities, Superintendent of Schools Anthony Suozzi told the Board of Education last week.

Issues to be settled, the superintendent said, are the exterior colors of the pre-K-4 facility and the material for the exterior.

Admitting the choice of colors is not in his "wheelhouse," Suozzi said he is “looking for as much input as I can get."

Suozzi said the district is looking to finalize the plans by middle or late August so the plans can be submitted to the state Department of Education for approval.

A state appellate court had issued a temporary stay on selling the bonds for the project after Superior Court Judge Michael F. O'Neill upheld the narrow margin of victory in June.

But Appellate Court Judge Catherine Enright ruled in July that the people who brought the suit, including West Amwell Mayor James Cally; West Amwell Township Committee members Stephen Bergenfeld, Gary Hoyer and John Dale; former South Hunterdon Board of Education member Craig Reading; West Amwell Planning Board member Robert Balaam and a dozen other West Amwell residents, had "not demonstrated any reasonable probability" that their appeal would succeed.

The suit claimed that illegal ballots were cast in the election. Enright wrote that O'Neill's "detailed findings” were "well-supported" in the record.

Enright also concluded that the plaintiffs "put forth no evidence or even any specific allegations the district engaged in illegal electioneering in support of the referendum using public monies in violation" of state law.

The judge also agreed with the district that a delay in selling the bonds could hurt taxpayers as interest rates have risen since the referendum.