Appeals court awards Halper acreage to Piscataway - tract is part of corruption probe
 
March 23, 2004
 
By Diane C. Walsh
 
Star-Ledger staff
 
Newark, New Jersey
 
 
To submit a Letter to the Editor: eletters@starledger.com

A state appeals court has ruled that Piscataway Township has the right to seize its last remaining farm, a 75-acre parcel that has emerged as part of a sweeping federal corruption investigation.

The ruling is a major victory for the Middlesex County township, which has fought for six years to acquire the property. But it is a major setback for the owners of the farm, the Halper family, who have waged a bitter campaign to keep the township from taking their land.

The family's efforts to keep the farm have become part of a federal probe examining whether favors have been granted in exchange for campaign contributions.

Mark Halper donated a total of $20,500 to the state Democratic Party over an eight-month period as he sought help from the McGreevey administration in 2002 and 2003.

In an 11-page opinion handed down Friday, a three-judge appellate panel ruled unanimously against the Halpers and upheld Piscataway's right to condemn the property along South Washington Avenue and Metlars Lane.

In its ruling, the panel upheld a decision in 2000 by Superior Court Assignment Judge Robert Longhi in New Brunswick, who ruled that Piscataway has "legitimate public purpose" in seizing the farm.

Piscataway Mayor Brian Wahler said yesterday that he was elated by the ruling.

"A major hurdle is over with," he said. Wahler expects Longhi to soon convene a three-member condemnation commission to determine a fair-market value of the land.

Wahler said the ongoing federal probe will have no effect on the township's plan to acquire the farm. "To me it's a non-issue," he said.

Mark Halper, who owns the farm with 13 other relatives, said his family was "extremely saddened and feel that this is a travesty that the government is allowed to take land.

"It's outrageous and un-American as well as inhumane. As far as an appeal, we are contemplating our next move at this point," he said yesterday.

Because it was a unanimous opinion, the Halpers cannot automatically appeal to the state Supreme Court. They would have to first ask the high court for permission to appeal.

Halper said the township's action and the court's ruling "does not reflect the will of the people based on the conversations, calls and letters we've received."

Sources said Halper is cooperating with federal authorities. But he declined to comment yesterday about the investigation.

Federal agents have seized records from the state Democratic party headquarters in Trenton and the office of Middlesex County Freeholder Director David Crabiel and have sought documents from the departments of Agriculture and Treasury as well as McGreevey's office.

Longhi originally appointed a commission on December 18, 2002, made up of two lawyers, Malcolm Busch of North Brunswick and Peter Daly Campbell of East Brunswick, and real estate expert Frank Como of Metuchen.

The panel was never convened, and Busch asked to be removed because of a conflict of interest. His sister-in-law, Linda Busch, administers the county's farmland preservation board.

In 2002, the Halpers applied to the preservation board, intending to sell the development rights of the farm. Under this program, farmers can keep their land and merely sell the development rights. But in August 2002, the Halpers rejected the preservation program's offer of $3.9 million as too low.

Malcolm Busch was replaced by Arthur Miller, a New Brunswick attorney. The condemnation panel will rely on appraisals submitted by the township and the Halper family to determine a fair market value.

Piscataway had offered the owners $4.3 million to purchase the property outright, but the family rejected it. The Halpers said they had unsolicited offers from developers who were willing to pay $12.3 million and $13.8 million to buy the land and build homes on the tract.

Throughout the case, the Halpers have contended the township has an ulterior motive for seeking the land. They believe Piscataway would sell the farm to a developer after seizing the property.

Township officials have long denied the allegations, and the appellate court wrote in its opinion "there is no showing to support such allegations."

"That's strong words coming from the court and it's a victory for the people of Piscataway," Mayor Wahler said.

A clause tucked in a 1998 agreement between Piscataway and Middlesex County in which the county agreed to put up $4 million for the acquisition of the land would permit an eventual transfer as long as the county approves it.

Thomas Kelso, the Middlesex County counsel, said, however, the clause is a routine acknowledgment that at some point the township might want to exchange the land in the future for some other open space.

 

Staff writer Jeff Whelan contributed to this report.