Politics & Government
Flood Solution Group Appealing United Water Lawsuit Decision
The Hillsdale Council voted against pursuing an appeal of the ruling, which found the borough did not have jurisdiction over any part of United Water's upcoming project at the Woodcliff Lake Dam.
A group of Hillsdale and Westwood residents plan to appeal a decision from Judge Alexander Carver's August 1 decision which ruled that Hillsdale has not authority over United Water's upcoming project at the Woodcliff Lake Dam.
The residents, members of the Hillsdale & Westwood Flood Solution Group, will apparently be undertaking the appeal alone, as Hillsdale officials voted against pursuing an appeal during their meeting Thursday night.
The group has focused on United Water's upcoming project to increase the rate at which water can leave the Woodcliff Lake Reservoir because of flooding problems in the Pascack Brook downstream from the dam. Members of the group have said they believe changes to the plan and the dam operations could reduce local flooding.
United Water sued the borough last year over two laws which local officials had said required the utility to bring their project before the Hillsdale Planning Board. The Department of Environmental Protection has exclusive authority over dams in New Jersey via the Safe Dams Act and the Water Supply Management Act, overriding Hillsdale's ordinances, Carver ruled in his 11-page decision.
Donald MacLachlan, the attorney representing the Flood Solution Group, said he was disappointed that Hillsdale would not be pursuing an appeal with them.
"We believe the more-than-200 flood-affected property owners in Hillsdale deserve more from their government," MacLachlan said.
Mayor Max Arnowitz said his concerns about the project had been alleviated by a report created by engineers from GEI Consultants on behalf of the borough.
Also, appealing the decision could cost the town between $40,000 and $60,000 in legal costs with little chance of doing anything to lessen the flooding problem along the Pascack Brook, according to Arnowitz.
"There's virtually nothing to gain and a lot to spend," Arnowitz said.
Council President Tom Kelley, who is also a member of the Flood Solution Group, said he supported making an appeal, but understood the concern over the cost of bringing the issue back to court while dealing with a tight municipal budget.
"I'm not pleased with the decision, but I'm not surprised," Kelley said.
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