A state appeals court has upheld the dismissal of a lawsuit by two West Windsor homeowners who tried to stop construction of a massive warehouse project called Bridge Point 8.
In a ruling issued Thursday, the appeals court said the West Windsor residents waited too long to challenge a 2020 zoning change by the township that allowed the development.
The judges found no reason to overturn the planning board’s approval of the project, which will include more than 5 million square feet of warehouse space.
The ruling clears the way for work to continue on the property known as the Howard Hughes tract, a 539-acre property near Route 1 and Quakerbridge Road.
That tract is part of a larger 645-acre parcel which makes up the township’s entire Planned Commercial Development zone.
This area was rezoned in 2020 to allow large-scale commercial uses, including warehouses, as part of a master plan update and settlement of prior litigation.
The site was once home to American Cyanamid’s industrial operations and later owned by the Howard Hughes Corporation.
In 2019, the Howard Hughes Corporation sold it to Atlantic Realty Development, whose affiliate Clarksville Center LLC now owns the land.
Bridge Point West Windsor, LLC is the developer.
Homeowners Justino Gonzalez and Stacey Fox, who live next to the site on Clarksville Road, filed their lawsuit in December 2022, almost two years after the township adopted the rezoning ordinance.
State law gives residents 45 days to challenge such actions unless a court grants an extension, which didn’t happen here.
The judges said the plaintiffs “waited years” and gave no good reason for the delay.
The court also rejected claims that the ordinance was unconstitutional, amounted to spot zoning, or violated affordable housing rules.
It also noted the zoning change came after a full master plan review and a court-approved settlement of earlier litigation.
The residents also argued the planning board’s approval of the site plan was arbitrary.
The court disagreed, pointing to an 83-page resolution and expert testimony on traffic, stormwater, and other issues.
The board granted 12 design waivers but imposed conditions to limit impacts, especially truck traffic.
The planning board gave the developer a longer-than-usual window—10 years—to keep its approvals valid before they expire.
Normally, in New Jersey, site plan or subdivision approvals last for a few years, but the board can extend that period if the project is unusually large or complex.
In this case, because Bridge Point 8 involves seven warehouses, multiple phases, and major infrastructure work, the board decided it was reasonable to allow a decade for the developer to complete the project without having to reapply for approvals.
The warehouses are planned in two phases: first, roads, utilities, and three buildings; then four more warehouses and future commercial and retail development.
West Windsor Township and its Planning Board were represented by Martina Baillie, an attorney with Muller & Baillie.
“We are pleased that the Appellate Division agreed with us and with the trial court that the challenges brought in the lawsuit against the Township’s ordinance and Planning Board’s approval of the project did not survive judicial scrutiny,” Baillie said.
Neither the attorneys for the plaintiffs nor those representing Bridge Point West Windsor, or Clarksville Center immediately responded to requests for comment on the ruling.
Colleen Murphy may be reached at cmurphy@njadvancemedia.com.
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