C ) AM000218N{OM} McDONOUGH, MURRAY'S KORN A PROFESSIONAL CORPORATION 2 r; ^35 ROBERT P. McDONOUGH JOSEPH 6. MURRAY PETER L. KORN JAY SCOTT M.CN E,LL STEPHEN J. TAFARO ROBERT J. LOGAN R.SCOTT EICHHORN SUSAN MCCARTHY MORYAN JAMES R. KORN STEPHANIE JORDAN BRIODY JONATHAN E. DRILL C O U N S E L O R S AT LAW 555 WESTFIELD AVENUE J^',L!,i UuLLLi -J b. ; l,iir;i;l;o POST OFFICE BOX O WESTFIELD. N EW^JERSEY O7O9I (201)233-90^0 IN REPLY REFER TO TILE NO A P rli X X ' ± =* ^ yclerk, Superior Court of New Jersey Law Division M Hughes Justice Complex Trenton, New Jersey 08625 Dear Sir: Re: AMG Realty Company, et al. Township of Warren Docket Nos. L-23277-80 P. W. and L-67820-80 P. W. V/ith respect to the above-captioned matter enclosed are the original and copy of the notice of motion returnable ApjyJ* 2J5.«_J-985, and the certification of Joseph E. Murray, which I ask that you please file, returning a conformed copy to this office in the envelope which has been provided. Very truly yours, McDONOUGH, MURRAY & KORN A Professional Corporation Q JEM:bp Enclosures Ooseph E. Murray^-S cc: Clerk, Somerset County, without enclosures Honorable Eugene D. Serptentelli, J. S. C. Raymond R. Trombadore, Esquire John E. Coley, Jr., Esquire Eugene W. Jacobs, Esquire J. Albert Mastro, Esquire Mr. Richard B. Neff
Q APR EI V E D 15 is85 JUDGE SKPEillELLIS GHAiVIDERS McDONOUGH, MURRAY & KORN A Professional Corporation 555 Westfield Avenue P. O. Box "0" Westfield, New Jersey 07091 (201) 233-9040 Attorney for Plaintiffs AMG Realty Company and Skytop Land Corp. AMG REALTY COMPANY and SKYTOP LAND CORP., SUPERIOR COURT OF NEW JERSEY LAW DIVISION - SOMERSET COUNTY DOCKET NO. L-23277-80 P.W. L-67820-80 P.W. Plaintiff JOAN H. FACEY, et als., Civil Action NOTICE OF MOTION Intervenors, THE TOWNSHIP OF WAR.REN,- (. Defendant/ CONSOLIDATED WITH TIMBER PROPERTIES, Plaintiff, THE TOWNSHIP OF WARREN, et als., Defendant.
o c TO: Raymond R. Trombadore, Esquire 33 High Street Somerville, New Jersey 08876 John E. Coley, Jr., Esquire 15 Mountain Boulevard Warren, New Jersey 07060 Eugene W. Jacobs, Esquire 381 North Avenue Dunellen, New Jersey 08812 J. Albert Mastro, Esquire 7 Morristown Road Bernardsville, New Jersey 07924 MOVING PARTY: Plaintiffs AMG Realty Company and Skytop Land Corp. TIME OF MOTION: Ap*4i 24^ 1985, at 9:00 a. m. PLACE: Honorable Eugene D. Serpentelli, Ocean County Court House, Toms River, New Jersey PURPOSE: (a) To delete the defendant Timber Properties from any "builder's remedy" relief in this matter or, (b) To dismiss Timber Properties as a plaintiff because of lack of standing. SUPPORTING DOCUMENTS: Certification of Joseph E. Murray, Esquire, attorney for plaintiffs CERTIFICATION: The original of this notice of motion has been filed with the Clerk of the Superior Court of New Jersey and clear copies have been mailed to the Honorable Eugene D. Serpentelli and to Raymond R. Trombadore, Esquire, John E. Coley, Jr., Esquire, Eugene W. Jacobs, Esquire, and J. Albert Mastro, Esquire McDONOUGH, MURRAY & KORN, P. A. Attorney for Plaintiffs By: JOSEPH E. MURRAY Dated: April 11, 1985
c c: APR 1S 1S85 McDONOUGH, MURRAY & KORN A Professional Corporation 555 Westfield Avenue P. O. Box "O" Westfield, New Jersey 07091 (201) 233-9040 Attorney for Plaintiffs AMG Realty Company and Skytop Land Corp. AMG REALTY COMPANY and SKYTOP LAND CORP., SUPERIOR COURT OF NEW JERSEY LAW DIVISION - SOMERSET COUNTY DOCKET NO. L-23277-80 P.W. L-67820-80 P.W. Plaintiff JOAN H. FACEY, et als., Intervenors, Civil Action CERTIFICATION OF JOSEPH E. MURRAY THE TOWNSHIP OF WARREN, Defendant, CONSOLIDATED WITH TIMBER PROPERTIES, Plaintiff, THE TOWNSHIP OF WARREN, et als., Defendant.
o JOSEPH E. MURRAY, of full age, in lieu of affidavit hereby certifies as follows: 1. I am an attorney at law of the State of New Jersey and a member of the firm of McDonough, Murray & Korn, P. A., attorney for the plaintiffs, AMG Realty Company and Skytop Land Corp. 2. This certification is being submitted in support of a motion to terminate the "builder's remedy" status of the plaintiff, Timber Properties, Inc. 3. Attached hereto is a copy of the written opinion of William M. D'Annunzio, J.S.C., in the matter of Henry W. Evans and the Estate of Waldo F. Reis v. Timber Properties, Inc., dated March 18, 1985. One of the rulings in that opinion is that the contract of purchase, by Timber Properties from Reis and Evans, of 68 acres of lands known and designated as Block 111, Lots 13 and 19, has been terminated. Also attached is a copy of Mr. Trombadore's letter to the Court confirming the adverse decision as to his client. 4. The aforesaid Lots 13 and 19 constitute the major portion of the Timber Properties site, referred to as Tract G in the exhibits submitted at the trial of this matter and contained in the written report of Richard Thomas Coppola previously filed with the Court. Attached hereto is a copy of "Tract G." 5. As a contract purchaser Timber Properties claimed standing to sue in this matter and its status as such was previously upheld by this Court. At present, however, Timber does not have the contract purchaser status by virtue of the judgment entered by Judge D'Annunzio. Page 2
o 6. As a plaintiff in the consolidated case of Timber Properties v^warren Township, (Docket No. L-67820), Timber claimed that it was entitled to a builder's remedy because it proposed to-- construct a substantial amount of lower-income housing on its site. This element of entitlement to a builder's remedy no longer exists. 7. The Court appointed Master in this case has received substantial information with respect to the proposed rezoning of the Township of Warren and the suitability of the properties of each "builder's remedy" plaintiff. One of the major objections, from a planning viewpoint, that has been expressed by the Township of Warren is the proximity of each of the "builder's remedy" sites to each other and the impact of a concentration of housing in a single geographic area. In order to presently assess this position the Court, as well as the Township and the Master, should be able to consider whether Timber Properties is still in the case, and if so, for what purpose or objective. I certify that the within statements made by me are true. I am aware that if the within statements are wilfully false, I am subject to punishment. / Dated: April 11, 1985 JOSEPH'E. MUR Page 3