BEDMINSTER, NJ - On February 29, attorneys for KDC Solar sent a letter to the Township suspending its application for variances that would have allowed a large solar electric plant on the Kirby Farm. Attorney Richard Sasso, who represents the Forbes family, followed quickly with a response.
The sum and substance of Sasso's response was that there is no such thing in the Municipal Land Use Law as a suspension. According to Sasso, there is only dismissal with or without prejudice.
In a February 29 letter to the Land Use Board, Sasso asks the board to dismiss the application with prejudice due to KDC's failure to move forward with the application. In support of his request, Sasso cited judicial precdent which holds that New Jersey law "contains no provision regarding the right of an applicant to withdraw, without prejudice, an application before a zoning board of adjustment prior to a formal decision thereon."
Sasso pointed out that the objectors have spent over two years and over $100,000 objecting to the KDC application, and argued that it would be a "miscarriage of justice" to allow KDC to "suspend" their application after the objectors have spent so much time, treasure and energy opposing the application.
The Sierra Club has declared victory, but Preserve Bedminster has publicly stated that it is too soon to declare victory. Preserve Bedmisnter has asked its supporters and interested members of the public to appear at the March 10 Land Use Board hearing to urge dismissal of the application.