John GIllespie and our Municipal and Government Practice Area Successfully Defend the Township of Chesterfield's Redevelopment Plans in Appellate Court

In a win for our Municipal and Government practice area, John Gillespie, with assistance from Alexis Smith and Alicia Lipton successfully defended the Township of Chesterfield in an Appellate Court redevelopment matter.

The plaintiff, non-profit “Save Old York” sought to void two ordinances and invalidate a redevelopment plan to convert a former golf course/country club comprising over 150 acres for warehouse and distribution center purposes. The golf course had ceased operations, and suffered from deteriorating buildings and a failing waste-water treatment system that threatened to contaminate the groundwater. In February 2020, the Township Committee adopted a resolution determining that the area was in need of rehabilitation under the Local Redevelopment and Housing Law (“LRHL”) and authorized discussions with a prospective purchaser to redevelop the site.

After multiple public meetings, a Redevelopment Plan for the property was adopted in October 2022. Despite the plaintiffs’ argument to the contrary, it was determined that the Redevelopment Plan was consistent with the township’s Master Plan, as the closure of the country club was not anticipated when the plan was initially adopted. Therefore, amendments to the Plan were adopted, imposing restrictions on the warehouse and protecting a historic site on the property. The amendment, importantly, also satisfied the LRHL in identifying the Township Committee’s reasons for adopting the Plan, even if a Court subsequently determined that it was not consistent with the Master Plan.

Plaintiffs sued to stop the redevelopment, claiming that the Redevelopment Plan was inconsistent with the Master Plan, and the amendments were arbitrary, capricious and unreasonable. The trial court denied these claims, leading to this appeal.

In the Appellate Court, Mr. Gillespie argued that the proper procedures were followed, that the redevelopment was consistent with the Master Plan, and that any potential inconsistencies were addressed by the Township’s amendments. The Appellate Court agreed, finding the Township Committee’s actions were taken in an appropriate and reasonable fashion. The Court's full opinion can be found below.