Hartz's suit, filed in New Jersey Superior Court, Hackensack,alleges that Mills and Mack-Cali started construction without allof the proper state and federal permits in place. While thegroundbreaking has been slated for September 29, sitework isalready under way, including site testing and the re-routing ofon-site utilities. Superior Court Judge Sybil Moses has given Millsand Mack-Cali, as well as the New Jersey Sports and ExpositionAuthority, owner of the site, until August 12 to respond to theallegations.

From a permitting standpoint, the project is a complex one.Among other things, it requires a special permit from the US ArmyCorps of Engineers because it calls for filling in several acres ofwetlands. NJSEA officials are expected to counter that the workalready under way does not require a permit.

If the project does move forward, it will bring nearly fivemillion sf of retail, recreation, entertainment and office space tothe site. The future of the 20,000-seat Continental Arena has notbeen determined, and the project is scheduled to move ahead aroundit.