HOWELL – The members of the Howell Township Council have settled a lawsuit that was filed against the municipality in 2018.
Mayor Theresa Berger, Councilwoman Evelyn O’Donnell, Councilman John Bonevich and Councilwoman Pamela Richmond voted to authorize the settlement during their Nov. 30 council meeting.
The council had four members at the time because a successor had not been named for Thomas Russo, who recently resigned from the governing body.
The matter involved Congregation Kollel Inc., which filed a lawsuit against Howell in 2018 in connection with an application to establish a religious school at 344 Ford Road. Plans called for the construction of a 17,240-square-foot building with classrooms, a 19,000-square-foot dormitory and seven homes on a 10-acre tract.
The settlement includes, among other things, the acquisition of property by Howell for open space or recreational purposes.
The settlement contains provisions for the payment of a settlement amount of $675,000 to settle the lawsuit; $125,000 of which will be paid by Howell and $550,000 of which will be paid by the township’s insurers; and an acquisition price of $8 million for the purchase of 20 acres on Ford Road, according to a resolution the council members approved.
During the meeting, attorney Ronald Cucchiaro, who represents the Howell Planning Board, provided a history of the matter.
“The subject site was originally 10 acres. There was an application made to the zoning officer by the owner of the property, Congregation Kollel, for a zoning certificate which would permit a yeshiva (school) and dormitories for students and faculty housing,” Cucchiaro said.
He said the applicant’s request for a zoning certificate was denied based on an ordinance which does not permit on-site faculty housing or dormitories.
Congregation Kollel appealed the zoning officer’s decision to the Howell Zoning Board of Adjustment.
“The zoning board determined the ordinance did not permit faculty housing or dormitories” and a complaint was subsequently filed in federal court by Congregation Kollel, Cucchiaro said.
The plaintiff cited the Religious Land Use and Institutionalized Persons Act and among other assertions, “asserted they were discriminated against as being part of the ultra-orthodox Jewish community,” Cucchiaro said.
Howell’s legal representatives sought to dismiss the complaint in its entirety. Eventually, portions of the complaint were dismissed at the federal level and other portions remained in place, the attorney said.
The parties entered mediation and during the negotiations the principal owner of Congregation Kollel, Zeev Rothschild, died after contracting COVID-19, Cucchiaro said.
“There was a portion of time where there was nobody left to negotiate with because the estate had not determined who was going to be running the two businesses that were plaintiffs,” he said.
Eventually, Rothschild’s wife stepped into the role and over time it became apparent there was an opportunity for Howell to purchase the property, which the township’s representatives learned had increased to 20 acres based on actions that had been taken by Zeev Rothschild.
Cucchiaro said he wanted the settlement to address the 20 acres. He said the property would fit in with a greenway project that is being undertaken by Monmouth County.
“It was not only an opportunity to settle the case, but it involved property that had been identified as being helpful to preserving open space and creating the greenway,” the attorney said.
Cucchiaro said as part of the settlement, the plaintiff recognized Howell’s good faith efforts and will ask the U.S. Department of Justice to end an investigation into the allegations of anti-Semitism. The plaintiff also agreed to withdraw any challenge to Howell’s zoning ordinances.
A resolution passed by the council members states that the council, “having thoroughly evaluated the merits of the litigation and the legal costs anticipated to be incurred in the immediate future and having received advice by and through the township attorney and special outside counsel as to this matter, finds the proposed settlement to be a just and reasonable means of disposition of this litigation and in the best interests of the township.”
At the same meeting, the council introduced two ordinances regarding the settlement.
The first ordinance authorizes the acquisition of land associated with the settlement. The second ordinance appropriates $8.1 million and authorizes the issuance of $7.62 million in bonds and notes to finance the land acquisition. Public hearings for the ordinances are scheduled for Dec. 14 prior to a vote to adopt the proposed legislation.
