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Township Counsel Expects Walmart Litigation Headed to Appellate Division

Lawsuit over construction of planned Super Walmart to be heard in state appellate court

Litigation over the is likely headed to a state appellate court in the springtime, according to Manchester’s legal counsel in the matter.

The litigation was initiated by the ownership of the Manchester-based ShopRite supermarket, the Perlmutter family.

Edward F. Liston, Jr., attorney for Manchester Township, the defendant in the suit, stated that the township had won on the trial level, and the plaintiffs had filed an appeal to the State Superior Court’s Appellate Division, located in Trenton.

“Briefs will be filed in the next 30 to 60 days, and I’d expect oral arguments to take place in the spring,” said Liston.

Liston noted that the litigation would be contested in front of a three-judge court, which comprises the Superior Court’s Appellate branch.

Marianne Borthwick, coordinator for the Manchester Township Planning Board, also said that nothing could proceed without a decision from the appellate court, which appears to be months away.

The decision to construct the Super Walmart, to be located on the corner of Route 37 and Northampton Boulevard between Toms River and Manchester, had not been without detractors in the past.

The Pinelands Preservation Alliance (PPA) and the New Jersey Department of Environmental Protection (NJDEP) had previously expressed concern and opposition regarding the construction of the Super Walmart, due to their belief that the building will threaten the habitat and local population of the Northern Pine Snake.

However, a compromise was reached last year between the NJDEP and developer Jaylin Holdings, that for every developed acre of the Super Walmart, 10 acres would be set aside to protect the Northern Pine Snake’s habitat. With the store planned to be 21 acres in size, that amounts to more than 200 acres of Pitch Pine trees and small sandy hills that go on for miles alongside Route 37.

Planned conservation efforts include Jaylin’s construction of five den areas called hibernacula, canopy sections needed for snake basking, nesting areas and a fence to block human interaction.

Mark Wendell August 25, 2012 at 04:04 PM
Yah, It's not the "Corporations are People" thing that Romney and the rest of the lower IQ set that are known as the GOP push. It's not the fact that the rich right pulled all of their production out of this country just to save a buck for their pocket. Let me guess you support the millionaire tax break because it will create jobs. No it goes into their pocket. You change names of things like "millionaire" to "job creator" "welfare, food stamps and medicare" into "entitlements, "progressive" to "Liberal" and "educated person" to "Elitist" all while you get duped into supporting billionares through the GOP threat of gun control, abortion and religion. Did you ever stop to think why the lowest states in total IQ (the south) are the red ones? Oh and I forgot one "the health care plan the flip flopper Romney thought up" to "Obamacare"
Mark Wendell August 25, 2012 at 04:08 PM
@ LJ, Billabong addressed the supermarket thing here and forgot a few close ones in outlaying towns so I'll skip that. As for the Snooki thing TR said no to filming because they have an anti filming law. Manchester does not, so by law they can be here. These people are low class idiots and Manchester, township or people, does not what them here but if we uphold our laws they have the right to be here. I do not support or towns council much but they are right here and I believe we will have a law like TR's soon here in Manchester.
Mark Wendell August 25, 2012 at 04:18 PM
@ John, Shop Right is one of the few, if not only, family owned supermarkets around the North East. If you invested money into you business you would do the same thing or you would be a bad business owner. His "problem" with the Toms River store was totally illegitimate since Permart owned the rights to TR and Wakefern let Saker build the store on land that contained a former Permart store and the corporate headquters for Permart. He didn't try to stop it because it was a deal with Wakefern (Shop Rite is a Co-Op run by Wakefern of Kesby NJ) because they let him build a store in Jackson, Sakers area. For some people to make up malarky like the fact that he planted a snake in the woods in the Pine barrens were they live anyway is sad. How things people make up and joke about become fact here is amazing. People in my neighborhood were saying I put the snake there because I'm anti WalMart. I'm surprised that's not here now. Like they would find a snake thrown into 22 acres anyway. "stay here snake, stay, good boy"
Mark Wendell August 25, 2012 at 04:21 PM
@LJ, oh and by the way the town council wants it here. It's the residents of Pine Lake Park that will have to deal with the aftermath that don't. This sort of thing is EXACTLY what should be on a ballot for the people to say.
Marie W March 10, 2013 at 08:25 PM
who do you think put the pinesnake there? Mr.Moneybags!

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