HAWTHORNE — A Loretto Avenue plastic manufacturing company has sued the district, alleging its property rights were violated when officials rezoned an abandoned paint factory.
Nexus Plastics claims the borough has refused to redevelop the former factory despite presenting the most viable future for the derelict site. The company manufactures polyethylene packaging with his second office less than an hour east of Los Angeles.
The local site, operated by Nexus Plastics, is adjacent to the former factory to the north.
The company wants to expand its operations by acquiring the Scone Street site and constructing a 60,000-square-foot industrial building, according to a complaint filed in state Superior Court in Paterson.
The lawsuit asks a judge to award damages and declare the redevelopment plan for the former factory invalid, unenforceable, and of no effect.
The contaminated site of the former factory was abandoned more than 28 years ago by Pyrolac, a manufacturer of industrial paints, lacquers and paints. It has been vacant ever since.
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Officials conducted a redevelopment study there last year and concluded in a 26-page plan that the former factory should be replaced with light industry and “several smaller tenants” such as contractors, artisans and sculptors. .
At the same time, the borough council amended its zoning code to prepare for the change.
But Nexus Plastics alleges in its 15-page lawsuit that the process the district followed to approve the redevelopment plan was “flawed.” It was done “in secrecy” and “hastily,” and authorities claim they did not give enough notice to affected property owners.
“There is no rational basis for allowing multiple small-scale tenants, and the sheer number of users on the premises increases the impact on the surrounding area,” the complaint alleges.
The company also said the zoning amendment amounted to “spot zoning” of the former plant. The lawsuit says the officials abused their power to advance their “private interests” rather than the “collective interests” of the community.
Borough Attorney Michael Pasquale said he was confident the redevelopment plan would withstand Nexus Plastics' challenge, adding that officials followed the law to the letter.
“I don't see any real merit” in the pending lawsuit, he said.
Pasquale said the area is a “true mixed area” with a variety of uses sitting next to each other. And the entire borough is experiencing a transition away from heavy industry, he said.
“We've been complaining about Nexus for years, so it would be counterintuitive to expand into heavier applications like Nexus,” he said. “A lighter use with multiple smaller operators was considered the best use.”
Philip Devensentis is a local reporter for NorthJersey.com. For unlimited access to the most important news from your local community, subscribe or activate your Digital His account today.
Email: devencentis@northjersey.com
