In 2017 the current developer purchased the development site known as The Greens. The development had years earlier been fully approved by the Town of Chester. Now, because of the Town’s unlawful obstruction of the project and discriminatory actions, the current developer recently filed a $100 million lawsuit against the Town.
The Town approved the plans for The Greens in 2010 pursuant to a legally-binding Settlement Agreement resolving a federal lawsuit between the Town and the previous developer.
The Settlement Agreement included the plans agreed to by the Town — plans unanimously approved by Chester’s Planning Board in its Final Resolution in 2013.
The Approved Plans called for the construction of 431 single-family homes on 117 acres, with more than 60 acres preserved as open green space.
The current developer has not sought or proposed to do anything outside the Approved Plans.
Unfortunately, the Town has violated the law and its own contractual obligations by refusing to grant permits for homes that fully comply with the Approved Plans.
The Town has illegally blocked the development and publicly expressed illegal, discriminatory motives for its obstruction.
The Town has unlawfully invented new restrictions on The Greens contradicting the Approved Plans and the Settlement Agreement.
Chester’s liability insurance carrier has already filed its own lawsuit against the Town in a separate discrimination case seeking a court ruling that it is not obligated to provide insurance coverage for these types of discrimination claims.
Chester’s elected officials and taxpayers stand to owe $100 million dollars in damages on top of the huge legal bills it will cost to fight a battle it has no chance of winning.
To avoid this costly and unnecessary litigation, Chester officials should simply allow the Planning Board’s unanimously Approved Plans to move forward.