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Shoprite Sues Town for $5.1M I! Die We a Town-Wi Funding 6 > Sum More Than Double Amount Sought in Original Lawsuit in the I K

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Shoprite Sues Town for $5.1M I! Die We a Town-Wi Funding 6 > Sum More Than Double Amount Sought in Original Lawsuit in the I K 'lifj • Spectacular town homes are on weekend tour. See page A-6. To subscribe, call (800) 300-9321 (:• TheW^stfield Record Thursday, May 16, 1996 A Forbes Newspaper 50 ShopRite sues town for $5.1M I! Die We a town-wi funding 6 > Sum more than double amount sought in original lawsuit in the I k. School auc • damages for lost profits and legal and other filed against the Planning Board last sum- evations, floor plans, and east and west fa- $ will focus oi l expenses. mer. cades to the borough, Garwood Planner ing changi . me Several weeks ago, the developer amend- Meanwhile, in Garwood, the legal cudgel Nientedt said. The developer had not, school fur* i Village Supermarkets is upping the ante ed a pending suit against the Planning is one half of what seems to be a two- ever, handed in Ms final site plans, hove on Wet in its legal poker game with the Westfield Board to include a count for unspecified pronged strategy by Village Supermarkets to must be reviewed by Qarwood's engines*^ Departing Planning Board. damages. lild a ShopRite on North Avenue, As its and planner before coming before the P-"-**" Schools Mat., -nuui and As- The supermarket developer filed legal pa- Under New Jersey law, the dollar amount lawsuit crawls through the courts, the devel- ning Board. sistant Superintendent for pers last week that lay the groundwork for a of damages sought are not specified in court oper is seemingly seeking final site approval "If we have enough time to review it, Business Rxbert Rader will lead to build the market just across the Westfield $5.1 million lawsuit against the board for complaints. But the separate "notice of will bring it back to the board," said " -the discussion. A questkn-and- claim" for $5.1 million filed by Village Su- border in Garwood, which approved the orig- Nlerstedt The odds are not in their favor/' answcr period and a rtisnission quashing a North Avenue ShopRite. permarkets last week gives the developer inal application. Village Supermarkets General Counsel;] of foliowup plans will follow. Village Supermarkets alleges the board the right to seek those damages within two And the Village Supermarkets application Frank Sauro would not comment on thf ;gg acted improperly, when it rejected the devel- years. may come before the Garwood Planning Garwood application nor the developer^ oper's application to build a 57,772-square- The amount of damages in last week's Board ss soon as Wednesday. plans. " Concert tickets foot mart straddling the WestfiekVGarwood notice was more than twice as large as the As of The Record'* press time, Village Su- "The gag order has not been lined.'' he* Tkkets for the new season at The developer contends it is due $2.3 million claim Village Supermarkets permarkets had submitted its building el- the Garden State Arts Center go on sale at the Music Staff on Elmer Street S am. Saturday. In order to purchase tkkets, customers must go to the store 5 pm. today to get a "bracelet" SID seen likely The bracelet will assure you of a place in line, but not tkkets, Upcoming performers include Sting, the Beach Boys and the Chieftains. to clear council Cancer survivors CHEMOcare will sponsor its third annual National Cancer in newest plan I Survivors Day Picnic - "A Cel- ebration of life" — noon-S pjn. a* WIN C01U—* to be approved by council. >J Saturday, June 1 at Tamaques Though the issue was raised;. Park. Cancer survivors, patients THE RECORD Central Avenue will not be in- and loved ones interested in at- cluded In the SID. Mr. SulUvari After absorbing public comments 1 tending this barbecue cel- for months, the Laws and Rules said the council will try to get the ebration should call CHEMO- Committee of the Westfield Town area, which has a mixture of pri- care at 233-1103 for information Council is poised to unveil its pro- vate residences and businesses, and/or reservations. The office posal for a slightly altered Special into the state's Neighborhood Revi- is open 9 a.m.-5:30 p.m. Mon- Improvement District (SID) at talization Program. days-Fridays. Tuesday's Town Council confer- "We have already obtained the Corporate, business and gen- ence meeting. necessary paperwork to process an eral donations are also ac- "The only significant change application to be considered for cepted. from the original ordinance is the that plan," said Mr. Sullivan. committee's recommendation of The Central Avenue area could Eat and run proportional representation on the be added to the SID in the future if Board of Trustees," said committee necessary, the councilman added. The Westfield Y winds down To ensure the SID remains firm- this season's Lunch and Learn Chairman Neil Sullivan. 'There will be an equal number of SID ly beneath the thumb of the Town sessions for the over-W set with Council, Mr. Sullivan's committee a walk and picnic in property owners, merchants and residents." will recommend the BID ordinance Park 11 ajiu-1 pm. include a "sunset clause- which June 6. Several instructors One council member will also sit ytUSSAAAVWVTHCMCOW) will rnsnssti the entity beap- teach how to maximize the on the Board of Trustees. proves by council every five years. health benefits of walking at all Unchanged is the basic design "At any point bi time, the onfl- , fitness levels and walking Spring again and scope of the SID. Commercial Tuesdays) spftnQ*Nks sun snd bsbny wsmrth, followinQ nssr*free—WIQ tentpefstures Monday name can be amended to cHmV speeds. Those remaining for properties in Westfleld's central nate the SID," said Mr. SulHvart the picnic should bring a bag night, drew Susan Lstowsky snd Matthew, Carls DiCNorglo snd Glens, Lsslls Tucker end business district will pay an extra "This Just makes it more formal." lunch — the Y supplies bever- Sydney end Sendy Mass snd Tyler to Tsmaques Psrk. tax that will be dedicated to im- Despite the formality, Mr. Suk ages and dessert Call 233-2700 proving the area's business cli- ttvan doesn't expect the council to to register. Rain date is Thurs- mate. The money may be used for have to pull the plug on the dis- day, June 13. any programming or capital im- trict provement deemed necessary by "I fully expect it to be a success," Community players Tax deduction advances the SID board and approved by the he said. "I fully expect council to The Westfield Community council. support it" Flayers' production of Lend me The SID's budget and assess- Mr. Sullivan said he expects the a Tenor continues 8 pm. to- Senate committee OKs property tax measure 4-1 ment rate would have to be ap- Town Council to vote on the fV morrow and Saturday. Tickets proved every year by the council. nessed proposal at Its Tuesday* cost $12 and are available at the •y KMVIN COUMAW A similar program was enacted in at the local level become the bad The Board of Trustees may also May 28 regular meeting. Aftef 1985 under Oov. Thomas Keen, but guys by raising property taxes to box office (2321221), Rorden THE RECORD seek to raise money through pri- more public discussion, the SID or- Realty and The Town Book- was repealed in 1990 as part of make up for a shortfall in state vate fund-raising or ask the council dinance would face the council for store. The theater is located at A proposal to restore the prop- Gov. Jim Florio's $2.8 billion tax aid." to appropriate funds collected from a vote on second wading two 1000 North Ave. erty tax deduction to state taxpay- increase. The state government commit- town-wide property taxes, said Mr. weeks later. If approved, the eoun* ers passed New Jersey's Senate Though the deduction would tee, headed by Republican Senator Sullivan. As with the special as- dl would then set out to assemble, State Government Committee last trim state residents' income tax Joseph Bubba (Essex and Passaic sessment, both options would have the new SID'S Board of Trustees. Bike auction week and is now before the New bill, critics argue it would result in county), approved the proposal 4-1. The Westfield Police Depart- Jersey State Senate's Budget and a reduction in state aid — and a Senators Leonard Connors (R- ment holds its annual auction Appropriations Committee. rise in local property taxes. Even Ocean), Byron Baer (D-Bergen) and Dick Cadey (D-Essex) joined the of bicycles which have been in The "S-l" legislation, proposed supporter Republican Westfield its possession for at least six chairman in supporting the pro- by Republican Senate President Mayor Garland "Bud" Boothe ex- posal. Sen. William Schluter (R- months 7 pjn. today at the Donald DiFraneesco, would allow pressed concern at a May 1 hearing Westfield Memorial Pool Com- Mercer and Hunterdon) voted taxpayers to deduct up to $10,000 in Scotch Plains. against the deduction. plex, Scotch Plains Avenue. in property taxes from their state Bikes will be available for in- "Bluntly, I do not want S-l to "The budget committee is cur- spection 6-7 p.m. income tax. Renters would be al- make the state government ldok rently continuing hearings on the lowed to deduct 18 percent of rent like a hero with the deduction," Fiscal Year 1997 budget," said Rae as a proxy for property taxes paid. said Mayor Boothe. "And then we Hutton, spokesperson for Sen. Di- Estate planning Franeesco. "S-l will probably be The WestGeld Symphony's addressed sometime in that con- Millennium Society holds the text" first in a series of free seminars Big garage sale Sunday The committee will find a way to on estate planning 3-5 pjn.
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