Judge William Meehan of Bergen County Superior Court Rules in Favor of Proposed ShopRite of Wyckoff

WYCKOFF, N.J. - June 10, 2015 - PRLog -- The Bergen County Superior Court, Law Division has ruled again in favor of ShopRite of Wyckoff by an Order entered on May 12, 2015. In his decision after the trial, Judge William Meehan dismissed the final three counts of Stop & Shop’s latest legal appeal. Judge Meehan previously dismissed 11 of the appeal’s 14 counts by summary judgment.

“All 14 counts of Stop & Shop’s appeal have now been disposed of by the Bergen County Superior Court, bringing us another step closer to developing a state-of-the-art ShopRite for the Township of Wyckoff,” said Larry Inserra, Jr., chairman and CEO of the family-owned Inserra supermarkets, which opened a new 60,000-square-foot store in Wallington on May 20.

“We thank the residents of Wyckoff for their continued patience, and we remain steadfast in our commitment to make this store a reality,” continued Inserra.

Stop & Shop initially filed an appeal of the Bergen County Planning Board’s (CPB) unanimous approval to the Board of Chosen Freeholders. When the Freeholders also unanimously approved the project, Stop & Shop then filed this latest appeal to the Bergen County Superior Court, Law Division.

Two of the three counts in the May decision centered on Stop & Shop’s allegation that the Freeholders were “arbitrary, capricious and unreasonable” in their actions and resolution not to require the defendant to install a new traffic light at the intersection or Wyckoff Ave. and Greenwood Ave. prior to the development of the new supermarket. The Freeholders and CPB have already taken measures to continue to monitor the intersection and examine safety issues once ShopRite of Wyckoff is complete.

“If the County decides after additional study that a light is warranted, Inserra Supermarkets is happy to pay the reasonable share of that cost,” added Inserra. “Safety is our top concern, and we have no doubt that the Freeholders and CPB will make the right decision.”

In a separate legal matter, Assignment Judge Peter Doyne previously dismissed Stop & Shop’s action against the Bergen County Planning Board, which alleged Open Public Records Act violations. “Stop & Shop, the competitor-objector in all of the legal matters, has now appealed Judge Doyne’s decision,” said John J. Lamb, Esq., of Beattie Padovano, LLC, counsel to Inserra Supermarkets. “These are clearly tactics to stall the development of ShopRite of Wyckoff as Stop & Shop does not want the competition.”

Mahwah-based Inserra Supermarkets earned the unanimous approval of the Township of Wyckoff’s Planning Board in February 2013, following 38 public meetings over a three-year period. However, on-going litigation has stalled construction and breaking ground.

Building designs and heights of the proposed ShopRite of Wyckoff reflect the historic character and architecture of surrounding commercial and residential buildings. The property’s existing structure has been vacant for more than 13 years, leaving the building and current 431 parking spaces in a state of disrepair. In addition to invoking traditional architecture, installation of almost an acre of new landscaping will significantly enhance the site and exceed the township’s green space requirements.

Established in 1954 by Patsy Inserra as a privately held family business, Inserra Supermarkets remains true to its roots as a family-owned grocery chain committed to serving families and children. In 1980, under the entrepreneurial guidance of the late Lawrence Inserra, the company grew to eight stores and experienced a banner year in 1981, growing to 14 stores. Today, the company owns and operates 22 ShopRite supermarkets in Bayonne, Emerson, Fair Lawn, Hackensack, Hillsdale, Hoboken, Jersey City, Lodi, Lyndhurst, New Milford, Northvale, North Bergen, Palisades Park, Ramsey, Wallington, Wayne and West Milford in New Jersey and in Rockland County, N.Y., in Garnerville, New City, Stony Point, Tallman and West Nyack, as well as a PriceRite store in Garfield.