March 29, 2008. The Kearny Journal reported this week that the Town of Harrison, the County of Hudson, and the redevelopers were steaming ahead with their plans to build a 1440 parking space garage near the Harrison Path Station.  In fact, a pile driver was bounding away this week in preparation for concrete slabs.  The construction was proceeding despite an Appellate Court ruling which invalidated the taking of the property upon which the proposed parking garage will stand and remanded the cases challenging the redevelopment back to the trial court.  The pile drivers however were silenced on Friday as the trial court judge, Maurice Gallipoli, issued an order stopping all work in Harrison's Redevelopment Zone until he makes a  final decision in the case.  The Town of Harrison is appealing the decision but it is unlikely that the Appellate Division will reverse the trial judge.

The property owners, Anthony De Rose, Steven Adler and Manny Amaral, had sought a stay prior to the demolition of their buildings both from the trial court, Appellate Division and the Supreme Court, but had been denied.  The Appellate Division in its opinions overturning the taking of properties and remanding the case back to the trial court lamented that at each level the stay had not been previously granted.  For this reason, the likelihood that the Appellate Division will overturn the trial court's decision is very slim.   Opponents to the redevelopment have argued that the Harrison Redevelopment Agency should not be using public funds to build upon property whose title is not settled.  Harrison Redevelopment Agency Chairman Peter Higgins has stated publicly that so long as the town held title to the property it would continue with its redevelopment plans.  At the last council meeting, Councilman Steve McCormick suggested waiting until all appeals were exhausted before proceeding with the parking garage.  With the exception of his wife Councilwoman Marie McCormick, all other councilmembers remained silent during the discussion.  Mayor McDonough stated that he "wanted to move things forward and get things done".

How the parking garage is being funded is also a mystery.  The bond counsel for the town stated that the 40 million dollar and the 13 million dollar supplemental bond offerings had not been issued.  How is the Harrison Redevelopment Agency paying for construction costs?  The supplemental 13 million dollar bond offering was added to cover anticipated cost overruns due to the movement of a PSEG 30 inch gas main which must be relocated to accomodate the parking garage.  Opponents have stated that the 13 million dollar figure to move the gas main is a fraction of the actual cost. 

With the current trial court stay, continued litigation, a faltering economy, and the tightening of the state's aid to municipalities, it is unclear how Harrison will be able to proceed with its redevelopment plan.  The stay however may give the Harrison Redevelopment Agency and the developers an opportunity to reexamine the redevelopment plan, its placement of the parking garage, and settling its disputes with the original property owners.