CRANBURY - The conflict between the owner of a township farm and Cranbury elected officials who want to acquire it for affordable housing escalated this week when the farm owner filed a lawsuit against the township.
The Middlesex County Superior Court lawsuit filed by Henry Realty Company, owner of the farm on South River Road, contests the Township Committee's decision to seek possible condemnation of the property which has been in the same family for 175 years.
The lawsuit charges that state law, nor the state or U.S. Constitution, "allow the power of eminent domain to be used to implement an affordable housing plan that is facially unconstitutional."
The lawsuit also challenges the township's selection of the Henry Farm for affordable housing and alleges the township "delegated too much of the power and authority" over the selection process to the proposed developer, the Walters Group.
The lawsuit also alleges that the township's fourth round plan is "inconsistent" with Cranbury's Master Plan.
"Andy and Chris Henry were hoping the Township would listen to its residents and remove their farm from the affordable housing plan," said Thomas P. Duggan, who filed the lawsuit on behalf of Henry Realty Company LLC., which is owned by Andy and Christopher Henry, who grew up in the township.
"Since the Township chose to continue with threatening to use the power of eminent domain to take the farm, we were forced to file a lawsuit seeking to stop this process through the court," Duggan continued. "We intend to aggressively oppose the use of the power of eminent domain to take this historic farm."
The Henry's 21-acre farm is off Exit 8A of the New Jersey Turnpike and is in a neighborhood already developed with warehouses.
The fourth-generation farm is is leased to a tenant who raises cattle and sheep. The farm, which has been in the family since 1850, consists of a historic home and outbuildings.
The Henry Farm is "a historic and iconic part of Cranbury Township, with families often visiting the Henry farm to visit animals, including Ms. Moo Jersey," the lawsuit says. "The Henry family intends to keep the Henry Farm in the family and operating as a productive farm for the next generation as part of a family legacy. The Henry Farm is a valued part of Cranbury and its long history as a farming community."
The family became aware of the township's plan to acquire the property through condemnation when they received an April 21 letter from Township Attorney Kevin Van Hise saying that the township was interested in acquiring the property to help Cranbury meet its state-mandated fourth round Mount Laurel affordable housing obligation of 265 units.
The letter said that if Cranbury couldn't reach an agreement with the brothers on a purchase, the municipality has the option of using its power of eminent domain to acquire the land.
At the May 12 Township Committee meeting, despite vocal opposition from some residents, the elected officials approved an ordinance to acquire the property, as well as another South River Road lot, for affordable housing.
The township's affordable housing plan calls for 130 apartments on the farm in its effort to meet its obligation of providing zoning for 265 affordable housing units in the next decade.
The plan says the development eyed for the farm would be an 100% affordable development in partnership with The Walters Group, a Barnegat firm that develops and manages affordable and market-rate apartment communities.
The brothers have also appeared at township meetings in hopes of saving the family farm.
Andy said the property has been targeted by developers, but the family farm is not for sale.
Besides objecting to the township taking the family farm by eminent domain, residents and others have taken issue with the location, which is on the opposite side of Route 130 from Cranbury's downtown area.
Gofundme - Save Andy’s Family Farm – A 150-Year Legacy at Risk, set up by resident Karen Herr DeRosa, on May 9 has raised $109,277 as of June 25.
According to the lawsuit, the ordinance does not provide for a legal basis for any type of condemnation permitted by New Jersey.
In addition, the property has not been designated as an area in need of development and there is no evidence the Henry Farm is "blighted," the lawsuit says.
Any effort to use the power of eminent domain to take the Henry Farm is unconstitutional since the alleged project is not for a public use, but for a private project of a private entity, and is not allowed under New Jersey law, the lawsuit says.
"Cranbury is not building the affordable housing but transferring the Henry Farm to a private entity for profit," the lawsuit alleges.
The township, which has not started condemnation proceedings in Superior Court, has not yet filed to a response to the lawsuit.
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Susan Loyer covers Middlesex County and more for MyCentralJersey.com. To get unlimited access to her work, please subscribe or activate your digital account today.