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Allendale council hears updates on sewer litigation, fair‑share housing and water‑treatment planning
Summary
Council and borough counsel described two active legal matters — an Avalon sewer‑service dispute and a homeowners' historic‑easement case over well water — and staff updated residents on Fair Share housing outreach, a successful 5K fundraiser and the state review of a permanent water‑treatment system.
At the Oct. 23 meeting the Allendale Mayor and Council received an extended legal update from the borough attorney about two pending court matters and heard related operational and community‑planning updates.
Borough counsel described the Avalon litigation as a threshold dispute over whether Allendale is obligated to provide sewer service to an adjacent, for‑profit 275‑unit project that includes some low‑ and moderate‑income units. The attorney said trial transcripts have been filed and briefs are being prepared; the Avalon matter implicates how the borough accommodates neighboring developments and could affect future capacity planning.
The attorney also described a separate homeowners' lawsuit that challenges the borough's historic easement that supplies approximately 20% of the borough's well water. The judge has curtailed further factual discovery, which the attorney said reduces litigation costs; the easement question may be decided in December. Counsel noted an ancillary technical discussion about treatment for emerging contaminants (described in the meeting as PFAS/POPs), framing that issue primarily as an engineering and regulatory matter.
Mayor remarks tied the sewer dispute to regional growth: "many of those units appear to desire to utilize our resources," the Mayor said, and the borough will "try to continue to do all the things that we can do to ensure that we protect our resources and appropriately charge Saddle River users of our sewer system." No formal action was taken; officials said briefs will be filed in the coming weeks and the court will address the matters later this year.
Other items discussed: staff said the borough's Fair Share housing status remains active and that officials would meet with attorneys, planners and the adjudicator; a recent borough 5K in memory of 'Ambel Res Sharon Duran' raised about $44,000 and drew roughly 300 participants; and staff explained that New Jersey regulators are reviewing a permanent water‑treatment plan that will serve four of five borough wells. A resident asked whether lower‑cost treatment alternatives could be explored; staff offered to forward the resident's technical materials to the borough's water operator for engineer review.
