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Old Tappan council approves settlement to end lawsuit over proposed assisted-living project at 244 Old Tappan Road
Summary
After hours of public comment, the Old Tappan mayor and council voted to approve a consent judgment that preserves a historic house on-site and conveys about 2.2 acres to the borough while averting a potentially multi‑million‑dollar loss in litigation.
The Old Tappan mayor and council on an evening vote approved a consent judgment and settlement in litigation over a planning-board approval for a proposed assisted‑living facility at 244 Old Tappan Road. Councilman Boyce presented the resolution authorizing the mayor and borough clerk to execute the settlement after plaintiffs and borough counsel negotiated terms intended to reduce the borough’s financial exposure.
Mary McDonald, litigation counsel for the borough, told the council the settlement would avoid continued court risk and described the agreement’s core terms: the historic house on the site would be relocated on the same side of Old Tappan Road (rather than across the street), relocation costs would be paid by the plaintiffs, and approximately 2.2 acres of the property would be conveyed to the borough as open space. “The sole purpose of this meeting tonight is for the council to vote on the proposed settlement that’s been negotiated by the parties and their counsel,” McDonald said.
Supporters of the settlement on the council emphasized the tradeoffs. Councilman Boyce said negotiations secured “the preservation of the historic building” and almost 2.2 acres for educational and open‑space use. Other council members summarized advice from legal consultants that continuing the lawsuit could expose the borough to damages estimated in the meeting at up to $10,000,000. One council member said the professional advice and the financial risk made settlement the fiscally responsible option.
The resolution passed by roll call and the council adjourned. The settlement will next be considered by the planning board in a special meeting for a modified site‑plan approval, per the terms described by counsel.
