JACKSON – The township has been hit with another lawsuit and this one concerns developer Vito Cardinale of Adventure Crossing.
What began as a promising project of sports and entertainment and a good relationship among officials in the township has soured in recent months and Cardinale recently filed a lawsuit requesting that a recently adopted ordinance be nullified.
Said ordinance would significantly decrease the amount of housing units his firm would be allowed to build as part of his large project which broke ground with much fanfare back in 2018.
Expectations were quite high at that time for a large sports facility, hotel and related businesses that would serve as an economic engine. It would also make Jackson a destination point across the state with a sports dome and modern athletic fields for regional and national youth sport competitions.
Players, their families and visitors would stay at hotels that were planned to be built and utilize restaurants and other entertainment options made available. An indoor golf driving range was one such option that was planned along with a proposed bowling alley.
The proposed projects have been revised, although housing on the site in the number of 500 units including apartments for special needs tenants were approved involving a number of apartment and mix use buildings.
The ordinance that was passed during a special meeting on December 31, 2024 modified the Township’s Highway Commercial Mixed-Use-Zone (HCMU) zone. Council President Jennifer Kuhn, Councilmen Nino Borrelli and via phone, Mordechai Burnstein and Councilman Steven Chisholm (who is no longer on council) voted to override a mayoral veto of the ordinance that limits development on the Adventure Crossing site.
Cardinale spoke in opposition to the ordinance when it was introduced on October 22, 2024 calling out the council for not communicating with him about his intentions prior to drafting the ordinance.
Cardinale has argued that the ordinance singled out his project as it focused on one specific zone that covers his site of Adventure Crossing.
Kuhn explained that Ordinance 33-24 was “designed to protect the residents of Jackson from the potential negative effects of overdevelopment. Our goal is not to harm anyone or hinder progress, in fact we welcomed the applicant, Adventure Crossing approved MS Center and the proposed hotels as these projects bring valuable economic benefits to our community.”
Council members had noted last summer that a press release from real estate broker JLL advertised the site was approved for up to 1,200 residential units. That sparked an interest in curtailing development in that vicinity.
Cardinale’s plans were submitted six weeks after the introduction of that ordinance and his project was revamped and deemed to be “complete” prior to the actual adoption of the ordinance. The developer has stated that he stands to lose more than $120 million from the changes imposed by this ordinance.
He has stated that under advice of his legal counsel he needed to go forward with litigation to protect his project. Cardinale has also said that he must now prove that a prior granted approval is recognized and remains in place.
Jackson’s master plan allows for up to four units per gross acre in the highway mixed use commercial zone, a designation that only applies to Adventure Crossing.
Kuhn explained during prior council meetings the need to address that wording as the term “gross” acreage applies to all land on the site – which includes parcels where development is not legal or even possible. That includes environmentally protected areas.
She also noted that Adventure Crossing had been approved to build over 500 homes and submitted plans for 750 town homes. “This ordinance serves as a safeguard for the future. It will ensure that should there be any changes to the project moving forward, the residents of Jackson are protected.”
“As it stands Adventure Crossing’s approvals are currently intact and we will continue to welcome the continued tax ratables that these developments will bring,” Kuhn said.
A resident remarked during the council meeting where the council voted to reinstate the ordinance that Cardinale would most likely sue Jackson over this action. Cardinale filed the lawsuit on February 3.
The lawsuit is calling for a judgement declaring the ordinance arbitrary and capricious, and that it should be set aside declaring it void and awarding compensatory damages, punitive damages, attorney fees and award costs of suit.
Jackson had 35 days to respond to the lawsuit once it was notified of its filing. The lawsuit calls the ordinance as being “inconsistent with density provisions contained in other township zoning ordinances, which contain both gross and net maximum densities, which are empirical and easily calculable.”
Township Mayor Reina, Council President Kuhn, Township Attorney Greg McGuckin and Cardinale were contacted by The Jackson Times for comment concerning the lawsuit but at press time none of them had responded.
