A legal battle has emerged over the repeal of a redevelopment plan for Toms River’s downtown area, as the developer behind a proposed apartment project has filed a lawsuit against the township.
Meridia Toms River 40 Urban Renewal LLC initiated the lawsuit on December 24, claiming the township’s actions to revoke the redevelopment plan were improper and violated the developer’s rights. The legal action follows a series of decisions by the Toms River Planning Board and Township Council earlier this month to rescind the downtown redevelopment plan, initially adopted in 2019.
The complaint names several defendants, including the township, the council, the planning board, and Assistant Township Attorney Peter Pascarella, who also serves on the planning board. It accuses the township of obstructing the developer’s efforts to proceed with its project and alleges conflicts of interest among officials involved in the repeal process.
This lawsuit is the second the developer has filed against the township this year. An earlier case, submitted in August, alleged that delays orchestrated by township officials caused the project to miss critical deadlines, ultimately leading to its termination.
The latest lawsuit argues that the ordinance repealing the redevelopment plan should have required a supermajority for passage due to opposition from multiple downtown property owners. It further contends that the township is now in breach of a legal agreement concerning affordable housing commitments within the municipality.
Additional claims focus on potential conflicts of interest. The lawsuit highlights Pascarella’s dual roles in drafting and approving the ordinance, as well as a potential conflict involving Councilman Justin Lamb, who allegedly owns or has ties to property within the redevelopment area.
During a December 18 council meeting, township officials dismissed the allegations of impropriety and expressed confidence in prevailing in court. Further comments from officials were limited due to the pending litigation.
This ongoing dispute underscores the contentious nature of redevelopment efforts in Toms River and raises questions about the future of the downtown area’s growth and planning.
