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Borough attorney: judge denies dismissal and stay in Mountain Lakes condemnation; 45-day appeal window opens
Summary
At the Jan. 12 Wanaque Mayor and Council meeting, Borough Attorney Anthony Fiorello said Judge Filko denied a defendant's motion to dismiss the Mountain Lakes condemnation and denied a stay; a state condemnation committee has been appointed and owners have 45 days from Dec. 19 to appeal.
Borough Attorney Anthony Fiorello told the Wanaque Mayor and Council on Jan. 12 that a judge had denied a motion to dismiss and a request to stay the Mountain Lakes condemnation action, leaving a 45-day window from Dec. 19 for the defendant to appeal. "The judge ruled against the motion to dismiss the condemnation action," Fiorello said.
Fiorello said the state has appointed a Condemnation Committee'Michael J. Pasquale, Stuart Reiser and Frank M. Coscia'to receive reports and valuations related to the acquisition. He added that a declaration of taking has been filed and that a prior sale of borough property was completed, with two property owners paid $18,000.
Why it matters: the condemnation affects a parcel formerly tied to a proposed 128 single-family-home development and may affect nearby open lands and water resources. Residents raised questions about whether lake restoration or public acquisition is possible and whether prior development permits remain valid.
In a public exchange, resident Sandy Lawson asked whether the borough had been fined for lacking ADA-compliant doors related to a separate agenda item. Mayor Daniel Mahler replied that "we never received fines" and said the ADA door improvements on the consent agenda were to be funded by a Passaic County Community Development Block Grant (CDBG) of roughly $52,000, with remaining funds slated for the library.
Mahler and Fiorello said prior development permits on the Mountain Lakes property have expired. Mahler said borough officials spoke with the New Jersey Department of Environmental Protection commissioner and would pursue discussions about Green Acres acquisition if appropriate. "We would like the state to buy it under Green Acres, and then Stevens Lake might be restored," Mahler said, while cautioning that the outcome and any Highland exemption remain uncertain.
No formal council action on the condemnation was taken at the meeting; Fiorello described the current posture as litigation- and review-driven. The borough also noted that federal litigation remains pending and that local tax appeal season begins in April; Brian Smith was identified as the new Tax Assessor who will handle appeals.
Next steps: the defendant may file an appeal within the 45-day statutory window; the Condemnation Committee will review valuations and reports; an abandoned-property hearing related to the parcel is expected before or after the next council meeting.
