PARSIPPANY — On March 10, 2015, because the Council on Affordable Housing (COAH) failed to create ‘Third Round Obligations’ in regards to each municipality’s fair housing share, the New Jersey Supreme Court empowered the courts and not COAH, to make initial determinations regarding municipal compliance with its housing obligations. First, municipalities will now be afforded an opportunity to affirmatively seek a declaration from the courts of compliance with affordable housing obligations, prior to being declared “noncompliant” or being subjected to lawsuits alleging exclusionary zoning, including a builder’s remedy. Second, the Court’s ruling will permit low and moderate income citizens, and those acting on their behalf, and developers the right to challenge, under certain circumstances, any municipality that fails to develop an adequate housing plan to bring the town in compliance with its fair share of regional and prospective housing needs for affordable housing.
Parsippany, represented by Township Attorney John Inglesino, is currently in the process of filing has filed a declaratory judgement with the Morris County Superior Court, while The Fair Share Housing Center, 700 Mountain Way, LLC, and RD Realty, the Waterview developer, have filed suit to challenge what Parsippany believes it’s fair share housing plan to be. Sources at Town Hall have told Parsippany Focus that Business Administrator Ellen Sandman originally recommended that outside counsel be hired to represent Parsippany in its fair share housing plan, but Mayor James Barberio refused the recommendation and insisted that Inglesino remain on as attorney in filing the declaratory judgement.
While Inglesino has indicated at recent Council meetings that Parsippany’s Declaratory Judgement with the Courts will be submitted soon, other municipalities have already submitted, or are in the process of submitting their Declaratory Judgement with the Courts as well. One such Township is Branchburg, located in Somerset County (click to see declaratory judgement). While the law firm of Woolson Sutphen Anderson is representing Branchburg, two of the interested parties are S/K Branchburg Trade Center Associates and S/K Stoney Brook Associates. Both entities own property in Branchburg and both list 520 Route 22, Bridgewater as their corporate office. The Bridgewater address is the Headquarters for the Kushner Real Estate Group (KRE), formerly known as S/K Properties and parent company of the two Branchburg Corporations. Both companies are being represented by John Inglesino.
While it is not unusual for a Township Attorney to represent corporate clients as well as municipalities, Inglesino’s corporate client, in addition to owning industrial sites, vacant land, and office buildings in Branchburg, also owns two office buildings in Parsippany located at 3 and 7 Century Drive. Kushner Real Estate Group is currently in litigation with Parsippany over tax appeals in at least one of its Parsippany properties. And even though Inglesino’s firm represents Kushner Real Estate Group in Branchburg, he and his firm also represent Parsippany in Kushner Real Estate Group‘s tax appeal against the Township. (click to see a some recent Inglesino Bills)
Inglesino Becomes Bayonne Redevelopment Attorney
In August 2014, Bayonne appointed Inglesino as special Redevelopment attorney to represent the city’s interest over a large swath of land at the former Military Ocean Terminal along the Bayonne waterfront. And while several prominent developers have rights to build on the site, two companies with ties to Parsippany plan to break ground soon; one is Inglesino’s corporate client, Kushner Real Estate Group, which states on its website future plans to redevelop the Military Ocean Terminal will be coming soon, and Fidelco Realty, out of Milburn which received a 30 year tax abatement from the City of Bayonne just weeks after Inglesino became Bayonne’s Redevelopment attorney.
Steven Kalafer, a Fidelco partner, is no stranger to Parsippany or Inglesino. Kalafer, seen at several Parsippany Council meetings during the Waterview hearings in 2013, is also a partner in RD Realty, the contract purchaser of the Waterview Tract.
As reported last month in the Hudson Reporter, on October 6, 2015, Bayonne officials, developers, lawyers, and representatives from transportation and utilities met to discuss redevelopment plans at the former Military Ocean Terminal. A source who attended the luncheon told Parsippany Focus that “John [Inglesino] really enjoyed himself at the event.”
In addition to Kalafer, Inglesino was seen sitting next to Wasseem Boraie whose company was recently involved in a scandal regarding Hurricane Sandy Relief Funds, Governor Christie, and Anthony Marchetta, the father of Inglesino associate attorney Justin Marchetta.
When asked to comment about Inglesino, Parsippany Councilman, Dr. Louis Valori told Parsippany Focus “John [Inglesino] has accused me of being in conflict. I find his highly unethical behavior unacceptable and he should immediately tell the Council what other conflicts he has before he gets himself in even more trouble than he already is. The nonsense needs to end.”
Sources have told Parsippany Focus that an ethics complaint is being filed with New Jersey’s Office of Attorney Ethics regarding the conflicts.
