UPDATE: Heller Delays Bloomfield Development Again with Lawsuit Appeal

After years of lawsuits and delays, the redevelopment of Bloomfield Center is facing yet another roadblock, according to Bill Colgan, Principal Developer of Metro Real Estate Development Corporation. 

New Jersey Developer Cary Heller has filed an appeal after his 2011 lawsuit against the township was rejected in May, Colgan said. The original lawsuit had stalled the township development for more than a year. According to Colgan, Heller’s case will next be brought before the Appellate court of New Jersey.

“He filed an appeal on his first lawsuit on July 3,” stated Colgan at his Broad Street offices.  “I’m not surprised that he filed again."

Colgan added, “We feel his argument were meritless . . . We'll try to make progress despite the pending appeal.  We’re still legally empowered to continue working [on the redevelopment project].”

Still, he admitted, “No bank will finance a project with a lawsuit against it.”

Following the dismissal of his case in Essex County Superior Court May 24, Colgan said Heller waited the maximum amount of time before filing the appeal.  The 45-day maximum allowable time frame was exceeded by a day -- May 25 to June 3 is 46 days, not 45 – but Colgan said on Wednesday that legal technicalities may validate the timing of Heller’s appeal. The issue is currently under review by township attorneys.

No date has yet been set for the appeal to be heard in court.  As the case moves forward, however, there is the possibility of multiple adjournments and legal delays.

During the past year, while waiting for the resolution of the lawsuit, some town officials and residents openly questioned whether Heller was deliberately delaying the project.  Heller, a principal for the Bloomfield Joint Venture and Bloomfield Transit Village I, II and III, bid on the project that was ultimately awarded to Metro. 

“I know [Heller] did say to the Wall Street Journal around April 20 that he planned to take this as far as possible,” noted Bloomfield Councilman Michael Venezia, who toldthat Heller had “been at odds with the township for about five years.”

The April 19 Wall Street Journal article stated, “Mr. Heller said he plans to pursue the litigation further if the decision goes against this group. ‘If this judge doesn't rule in our favor, the next judge will,’ he said.”

When Colgan discussed Heller's appeal on Monday, he didn't mince words.

"I believe [Heller's] motivation is truly him taking out his aggression on the town, trying to penalize the people of the town," he said.  "Everybody [in Bloomfield] has condemned his efforts.  He is singlehandedly responsible for stalling progress of the town development for another 1-2 years."

Colgan also noted that if the Appellate Court judge dismisses Heller’s case he can bring it to the U.S. Supreme Court “but they don’t have to take it.”

When Patch reached out to Heller on Wednesday, he declined to discuss the issue or comment on the lawsuit.

This is a developing story.  Check back soon for details and updates.

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