Judge Upholds Edgewater Rezoning

EDGEWATER, NJ-State Superior Court Judge Alexander H. Carver III upheld the rezoning of a section of Edgewater for mid-rise buildings.

Judge Carver ruled the legal action brought by Bergen resident Katarzya Krickovic had no merit. The Borough Council of Edgewater late last year approved the rezoning of a section of River Road south of Archer Street to allow for five-, nine-, and 14-story buildings.

In her legal action, she charged that borough officials adopted the ordinance without regard to the effect it would have on nearby property owners. She also asserted the new regulations would increase traffic, create poor air quality and result in the loss of views of the Manhattan skyline and Hudson River. The suit also contended that the zone changes were implemented to benefit one developer, Fred Daibes.

"Although one developer may own a substantial portion of the rezoned area and may potentially derive some benefit from rezoning, this is not a sufficient basis for invalidating the Ordinance," the judge ruled. "An ordinance which is enacted to advance the general welfare by means of a comprehensive plan is unobjectionable even if it was initially proposed by private parties and these parties are in fact its ultimate beneficiaries." See story in The Record.