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West Windsor approves settlement with Avalon after years of permitting disputes
Summary
Council approved a settlement with Avalon Bay Communities resolving a damages suit in exchange for dropping the township's windowless-bedroom claim in that case; council members said DCA inspections supported the township's permitting work and approved the settlement to avoid further litigation costs.
The West Windsor Township Council voted Dec. 9 to approve a settlement with Avalon Bay Communities that resolves at least one pending lawsuit between the developer and the township.
Administration described the agreement as a one-for-one settlement: Avalon will drop its suit seeking damages over alleged permitting delays, and the township will withdraw its claim concerning bedrooms built without windows in a separate challenge tied to that project. Mayor and council members reviewed the history of litigation, noting prior county-level hearings and ongoing appeals; administration said the New Jersey Department of Community Affairs inspected the township’s construction office multiple times and gave it a clean bill of health.
Mayor (speaking during the discussion) said the township had been willing to continue appeals, but the settlement reduces further legal expense and uncertainty: "We were fairly confident we were going to win that lawsuit... but if it gets done without spending money, then all the power," he said during discussion. Council members also described appeals and another pending action related to a construction-board decision; the council voted to approve the settlement on roll call.
What happens next: The settlement will be finalized administratively and the related motions will be dismissed per the agreement. The council said it expects remaining appellate matters to be resolved separately.
