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Private Equity Fund Of Funds A judge yesterday struck down Mine Hill's tree preservation law, pleasing a developer now off the hook for $800,000 in tree replacement fees but raising concern of officials in other towns about whether their tree ordinances might also be challenged.

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Curve Equity Exposed Fund Superior Court Judge Theodore Bozonelis ruled that the township's tree ordinance discriminated against developers by exempting homeowners from the requirements of either replacing felled trees or paying into a tree fund.

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Equity Income Funds Bozonelis also ruled that the escrow fund amounted to a tax, because the ordinance didn't clearly state how the money would be spent, giving too much discretion to local officials.

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Capital Casebook Equity "It's revenue collecting, rather than being related to planting of trees," said Bozonelis, sitting in Morristown. The ordinance says the fund would be used for "tree maintenance, tree preservation, tree planting and landscaping."

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Private Investment In Public Canfield Building Associates, a subsidiary of Florham Park-based Kushner Companies, sued the township in May 2002, two months after the ordinance's adoption, claiming it was an attempt to block it from building 760 townhouses. The developer is expected to submit revised plans for a 703-unit development to address septic system issues that surfaced during the 1 1/2 years of planning board review, Township Administrator Barry Lewis Jr. said.

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Equity Mutual Funds Peter Herzberg, the developer's attorney, claimed the ordinance would have cost his client $800,000 for the trees it could not replace on its property, and another $115,000 for bigger trees required for replanting.

Birmingham Contact Equity The developer intends to chop down thousands of trees on about 83 of the 208 acres off Canfield Avenue. Under the ordinance, the developer was required to replace 5,461 of them, through replanting or paying into the fund. Now, the developer will replace 2,730 of them, as required by the township's zoning laws, Herzberg said.

Private Equity Investment Firm Mayor Richard Leary was disappointed by Bozonelis' ruling, but said, "We'll definitely take a look at what we'd have to do to remodel it" to make it legal.

Complying Deal Equity Funds Lewis noted the judge upheld the municipality's right to have a tree ordinance. The township hasn't ruled out the possibility of appealing, he said.

Equity Msn Private Wyoming Jeff Tittel, executive director of the state Sierra Club chapter, said Mine Hill should appeal the ruling because of the potential fallout it could have on other towns.

American Equity Investment "My concern is that if this is struck down here, similar ordinances in dozens of other towns could be (struck down), and then it becomes open season on trees," Tittel said. Towns often base their ordinances on those from other towns. For example, Mine Hill modeled its tree ordinance after Roxbury's, and that one was modeled after South Brunswick's.

Equity Index Funds "Towns all over Morris County are going to have a problem if it's not appealed," agreed Roxbury Councilman Sandy Urgo. Urgo said tree ordinances "serve the public purpose of discouraging clear-cutting, while not absolutely preventing it in all cases."

Equity Private Team Wyoming Urgo also disagreed with the judge about his finding of discrimination. "There's a huge distinction between a single-family home and a developer building a subdivision," he said.

Equity Group Investment Hanover Committeeman Robert Steiger said he believes that township's ordinance will withstand a legal challenge. Punia Co. of Livingston sued last month, claiming the $512,850 it would have to pay into the tree fund would amount to a taking of its 18 1/2-acre property.

Capital Development Equity Steiger said that the 10-year-old ordinance has stopped clear-cutting in the township, making developers more inclined to preserve or replace trees on their property. Hanover intends to use the $1.3 million collected so far for reforestation or to buy forested property, he said.

Article Between Difference In June, a judge struck down Jackson Township's tree ordinance, finding that it discriminated against developers.

Contact Equity Private Wyoming By Margaret McHugh
Star-Ledger - 9/16/2003

Topic: Forests & Trees

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