COMMENTS ABOUT BIRCHWOOD MADE AT THE
OCTOBER 8, 2013
OFFICIAL TOWNSHIP COMMITTEE MEETING

Township Attorney Daniel J. McCarthy

Provided an update of litigation involving Cranford Development Associates. Discussed the deadline for the submission of appeal briefs and explained that he fully anticipates that the deadlines would be extended given the volume of the material that the attorneys on both sides are handling. Stated that it is his understanding that Cranford’s attorneys have already requested consent from the developer’s attorney to extend Cranford’s deadline to file its brief. Whether or not the developer’s attorney provides his consent, he expects that the Appellate Division would grant the extension. Stated that he does not expect the matter to be fully briefed until the middle of 2014, and he also does not expect the Appellate Division to hear oral argument until at least the end of 2014. Also explained that the Appellate Division
does not have to grant oral argument, and in that case, there would be a panel of three (3) appellate judges that would hear the case. It would then be up to this panel to determine the time in which to issue a decision. Feels that because of the complexity of the case and the enormous volume of material, he does not expect any finality from the Appellate Division until at least the beginning of 2015. As to the status of CDA’s Flood Hazard Area permit application that was filed with the Department of Environmental Protection (DEP), he expects to receive a full report from Cranford’s environmental attorney, Robert Podvey, within the next six (6) weeks.