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Friday, July 27, 2007

Historic District KOs City, developer in court




The Abbott Manor nursing home on Central Avenue.

The Van Wyck Brooks Historic District was victorious yesterday in its suit against the City of Plainfield and developer CPR over expansion plans for the Abbott Manor nursing home on Central Avenue.

Superior Court Judge Walter R. Barisonek, reading his opinion from the bench, ruled that the 2005 decision by the city's Zoning Board of Adjustment was 'arbitrary and capricious' and that the city was within its rights to deny the developer zoning variances to build a 60-bed extension to the existing facility.

Historic District officers point out the district has never opposed the nursing home per se, which has been in operation for at least 60 years in a former Victorian mansion, but only its expansion.

The case has dragged on for nearly seven years and, though yesterday's ruling might be definitive, the developer may still appeal Barisonek's ruling to the state's Supreme Court. That, however, would be a calculated gamble, as Barisonek took great pains to address each issue in great detail, citing case law that advocates deem persuasive and definitive.

The group's attorney, William Michelson, a Plainfield resident with a practice in Fanwood, will be providing further information on the legal details of the ruling shortly.

I'll post news as it becomes available.


-- Dan Damon

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