April 3, 2008.  The Harrison Redevelopment Agency (HRA) and the developer of the former Adler properties urged a three Judge Appellate panel to lift a stay of construction within the Harrison Redevelopment Zone. In support of their request, a Certification of Richard Miller set forth a list of various toxic contaminates within the Redevelopment Zone including PCBs which needed  remediation.  The Appellate judges modified the stay imposed by trial court Judge Maurice Gallipoli by allowing the Agency to continue environmental remediation activities on or related to the property.  The Appellate Judges stated that they were partially modifying the stay because of "the unique procedural history of this litigation, [HRA's] prior entries upon the premises to conduct environmental testing and remediation and demolition, the previous denials of stays in this case and in related matters, and considerations of public health and safety."  The Appellate judge however stated that despite its decision it was not sure that it would not have upheld the trial judge's staying of all construction under different circumstances.

What does this all mean?  Bottomline it means that remediation can continue but all other aspects of construction must stop.  Both Mayor Raymond McDonough and HRA's Chairman Peter Higgins had stated that the construction would continue to meet deadlines imposed both by the manufacturer of the parking garage concrete slaps and the HRA's contractual obligations to provide parking for the Red Bulls Stadium.  With the current stay, it is unlikely that the parking garage will be constructed in time for the scheduled Red Bulls stadium opening.  The HRA's partial victory may actually be a hollow one.  Clearly, the remediation is a necessary step in the construction but the remediation work is only a small fraction of the construction project.