The family farm owners have sued Cranbury over its decision to seize the historic property through eminent domain for affordable housing.
MIDDLESEX COUNTY, NJ — The owner of a 175-year-old family farm in Middlesex County has filed a lawsuit against the township to block the municipality's efforts to acquire the property through eminent domain.
Henry Realty Company, which owns the farm on South River Road, filed suit in Middlesex County Superior Court on Tuesday, challenging the Cranbury Township Committee's decision to seize the historic property through eminent domain.
The legal action represents the latest chapter in an ongoing conflict between township officials seeking to fulfill state housing mandates and residents opposed to the development plans.
The lawsuit argues that neither state law nor the state and federal constitutions permit the use of eminent domain powers to implement what it describes as a "facially unconstitutional" affordable housing plan.
Henry Realty contends that the township lacks the legal authority to seize private property for housing development purposes.
The farm has been in the Henry family for three generations — since 1850. The 21-acre farm is off Exit 8A of the New Jersey Turnpike and currently sits between massive warehouses and busy roads.
The property is co-owned by Andy Henry and his brother Christopher, who grew up in Cranbury but currently live in New Mexico. They lease the land to a local who raises sheep and cattle.
“Building an affordable housing project on the Henry Farm is not consistent with the goals and polices of the affordable housing initiatives and mandates of the State of New Jersey and does not create a realistic opportunity for the production of affordable housing units to meet Cranbury’s constitutional obligation,” the lawsuit says.
The Henry Farm consists of about 21 acres of land, with a historic home and outbuildings, and is an operating farm.
The lawsuit also challenges the township's selection process for the Henry Farm site.
According to the complaint, Cranbury improperly "delegated too much of the power and authority" over site selection to the proposed developer, the Walters Group, a Barnegat-based firm specializing in affordable and market-rate apartment communities.
“The process used by Cranbury leading to the adoption of the Ordinance was tainted by the inherent conflict of having the Walters Group select, score and advise on the final sites for the plan, while being the entity who will financially gain from the process,” the lawsuit says.
“The process used by Cranbury leading to the adoption of the Ordinance is an impermissible delegation of a governmental process since Cranbury delegated too much of the power and authority over this process to the Walters Group.”
Despite vocal opposition from residents at public meetings, the Township Committee approved an ordinance on May 12 authorizing the acquisition of the Henry Farm property for affordable housing development. The decision came after contentious public hearings.
The township's comprehensive affordable housing plan designates the farm site for 130 apartments as part of efforts to meet Cranbury's state-mandated obligation to provide zoning for 265 affordable housing units over the next decade. The proposed development would be entirely affordable housing, developed in partnership with the Walters Group.
More recently, the Trump administration joined the fight to prevent the town from seizing the farm to build affordable housing.
U.S. Agriculture Secretary Brooke Rollins weighed in on the controversy, saying the United States Department of Agricultural is exploring “every legal option” to help the Henry Family.