Both parties open to resolution
The Trump Organization will incorporate the Arlington Valley project in North Arlington into its Master Plan for the Meadowlands, according to project executive Michael Cohen.
Still, any changes to the plan, still in litigation, would have to go through the borough first, according to Redevelopment attorney Jospeh Maraziti.
EnCap, a brownfield redeveloper, brokered deals for two projects in the area. The "Miracle in the Meadowlands" project in Rutherford and Lyndhurst would turn landfills in the meadows into golf courses, housing and a hotel. Arlington Valley, a project by EnCap-affiliate corporation Cherokee Porete, would transform a strip of warehouses on Porete Avenue into a housing village complete with parks and retail space. This portion does not fall in the Meadowlands district, so zoning is decided by the borough alone.
Now, Donald Trump, who agreed to take control of the fledging project, wants to rework his plans not only for Rutherford and Lyndhurst, but also the plans in North Arlington as well. "That's something North Arlington must consent to," he said. "It's not something that can be dealt with unilaterally," said Maraziti.
Any attempts by EnCap to sell its property in North Arlington, which include the Bethlehem Steel site and the BCUA trash transfer station, to Trump would need to gain the approval of a superior court judge as well as the borough.
Prior to Trump's involvement in either project, Cherokee/EnCap unsuccessfully attempted to sell its property in North Arlington, according to Cohen. Maraziti did not see this as a surprise, due to the developer's financial "challenges." In December 2007, the courts did dictate that Cherokee could not sell the properties.
Cherokee/EnCap sued the borough in December 2006 for failing to take Porete properties through eminent domain. The borough seeks to prove in court that Cherokee/EnCap does not have the financial wherewithal to complete the project.
The developers have been financed by Cherokee Investment Partners. However, much of the project's financing depended on state funding. Trump has yet to add any money to the project.
Borough officials and Trump have not negotiated with each other. Attorneys handling litigation for the borough are open to negotiations, but will only deal with DeCotiis, Fitzpatrick, Cole & Wisler, the firm who filed a lawsuit against the borough on Cherokee/EnCap's behalf, until the borough hears otherwise.
"We'd love to negotiate with somebody and put this to an end so we can get some meaningful development there," said borough spokesman Thom Ammirato.
Cohen said he told Mayor Peter Massa and borough attorney Tony D'Elia he is interested in opening up a dialogue. Two weeks ago, Cohen met with Mayor Peter Massa, without borough attorneys, to discuss the project and proposed putting a hold on litigation for four months. Massa declined.
The borough is interested in settling the litigation, as opposed to delaying it. "We would love to settle, but who are we supposed to talk to?" Ammirato asked.
Cohen said he is interested in talking to facilitate an end to the lawsuit.