Lawsuit Against Millburn Township Takes A Hit; Request to Stop Construction Denied


MILLBURN, NJ - The lawsuit filed against the Millburn Township Committee by Millburn Courtyard Associates, LLC and Rudder Realty to stop the Complete Streets project for further review, took a hit on Monday as a judge denied the request for an Order for Temporary Restraints. It sought an immediate halt to current construction of Complete Streets Phase I. The project is near the completion of Phase 1 with a scheduled start date of  Phase 2 in spring of 2017 and Phase 3 in the summer of the same with projected completion date in late Spring 2018. The two-count complaint seeks to have the Complete Streets project declared a public nuisance and sought a permanent injunction to prevent the named defendants from proceeding with the project. It also alleges that there was a failure to obtain proper county approval for the plans.

The Township of Millburn released the following statement in response to the judge's ruling:


November 7, 2016

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Township of Millburn Press Release – Complete Streets Phase I


This morning the Township of Millburn was informed that the Order for Temporary Restraints, to halt construction of Complete Streets Phase I, was denied.  The Township will continue construction of Phase I as outlined below.

As has been the idea since the early stages of pre-construction planning, the Township will balance the progress of construction with the interests of the downtown merchants during the holiday season (Thanksgiving to New Year’s). 

  • First three (3) weeks of November will be focused on completing the phase one work on Millburn Avenue from Spring Street to Main Street and ensuring that the roadways are free of construction equipment and fully accessible throughout the holidays. This includes the pouring of sidewalks and bump outs currently under construction from Town Hall to Spring Street.
  • The SE corner of Millburn Ave and Main St will demoed beginning 11/7 with the bump out, lighting foundations and granite pavers projected to be completed by 11/18. 
  • On 11/28 the construction of a new road running from Essex St to Millburn Ave on the western side of Town Hall will begin.  This work will continue throughout the month of December.  There will be no impact to Millburn Avenue.  Business Permit holders will be temporarily impacted and asked to park in Lot 19.
  • All lighting installations along Main St and Millburn Avenue will be done after the New Year.  This includes street lighting and new traffic signals.
  • Remaining Phase I work will be completed in the spring of 2017.  This work will include construction from Spring St to Douglas St.  Corner improvements at the intersection of Essex St and Main St.  The remaining corners are at Common Lot and the Clock Plaza.  All plantings of trees and native plant beds will be started in the spring.
  • Free parking will remain in effect until January 1, 2017. 

Mayor Ted Bourke stated, “We are obviously pleased with the court’s decision and happy that the plaintiff’s request was denied.  Now we can get the Downtown ready for the holidays.   As an aside, there was a lot of was a lot of great foot traffic in the downtown this weekend.  We want to thank our residents for supporting the businesses downtown during construction and hope that they continue to do so.” 

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