(3a RECEIVED/FILED CARELLA, BYRNE, BAIN, GILFILLAN, npr CECCHI, STEWART & OLSTEIN JAN 1 6 2009 5 Becker Fatm Road CIVIL CASE MANAGEMENT Roseland, New Jersey 07068 ‘UNION COG (973) 994-1700 Attorneys for Defendant Township of Cranford CRANFORD DEVELOPMENT : SUPSRIOR COURT OF NEW JERSEY ASSOCIATES, LLC, @ limited liability LAW DIVISION: UNION COUNTY company organized under the laws of the State of New Jersey, Et Al,, * Docket No. UNN-L-375908 Plaintiffs, CIVIL ACTION . ANSWER WITH SEPARATE. TOWNSHIP OF CRANFORD, MAYOR DEFENSES OF DEFENDANTS AND COUNGIL OF THE TOWNSHIP : TOWNSHIP OF CRANFORD AND OF CRANFORD, and PLANNING MAYOR AND COUNCIL OF THE BOARD OF THE TOWNSHIP OF : TOWNSHIP OF CRANFORD Oe RECEIVED Defendants. JAN 22 2009 MARIANNE ESPINOSA, Defendants Township of Cranford (herein "Township"), and the of the Township of Cranford (the "Mayor and Council), having a place of business at 8 Springfield Avenue, Cranford, New Jersey, by way of answer fo the complaint in lieu of prerogative writs the "“Compiaint) filed by Plaintiffs Cranford Development Associates, a New Jersey limited liability company, Samuel Hekerian Jeffrey Hekemian and Ann Krikorian as trustee for Richard Hekemian and Mark Hekemian (collectively the “Piaintiffs"), herein, say the following: AS TO THE INTRODUCTION 4. No response to Paragraph 1 of this Section of the Complaint is required of the Township and the Mayor and Council because said paragraph constitutes nothing more then the Plaintiffs’ characterization of the nature of this lawsul OR BOTERT they JAN 21 2008 SECTIONpurport to seek therein. To the extent that any of the allegations of this Paragraph are asserted directly against the Township and the Mayor and Council, said allegations are denied. AS TO THE PARTIES 2. With respect to Paragraph 2 of this Section of the Comptaint, because the said allegations are not asserted against them, no response thereto is required of the Township or the Mayor and Council. 3. The Township admits the allegations of Paragraph 3 of this Section of the ‘Complaint. 4. With respect to the allegations of Faragraph 4 of this Section of the Complaint, the Mayor and Council assert that they are not proper parties and should not have been joined by the Plaintiffs in the action, but admit the allegations of this Paragraph. 5, The Township and the Mayor and Council need to make no response to the allegations of Paragraph 5 of this Section of the Complaint, insofar as the said allegations are not asserted against them. ASTO COUNT| 6 The Township and the Mayor and Council neither affirm nor deny the allegations of Paragraph 6 of Count { of the Compieint insofar as they constitute nothing more then the Plaintiffs’ characterization of the Township's duties as a New Jersey municipality to provide opportunities for the construction of low and moderate income: affordable housing, to which no response is required, except to admit that the Township is ‘a municipality situate in Union County.7, The Township and the Mayor and Council deny the allegations of Paragraphs 7, 8, 9, 10, 11 and 12 of Count | of the Complaint. 8 The Township and the Mayor and Council admit the allegations of Paragraphs 13 and 14 of Count | of the Complaint, 9. With respect to the allegations of Paragraph 15 of Count | of the Complaint, the Township and the Mayor and Couneit neither afirm nor deny said allegations to the extent they constitute the Plaintiffa’ characterizations of New Jersey public policy under the State Planning Act, Nu.8.A. §2:18A-186, et seg., except to admit that the subject property located at 215 and 236 Birchwood Avenue, Cranford, New Jersey (the "Subject Property’), is situate in Planning Area 1, as shown cn the New Jersey Development and Redevelopment Plan. 10. The Township and the Mayor and Council admit the allegations of Paragraphs 16 and 17 of Count | of the Complaint, 44. The Township is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraphs 18, 19 and 20 of Count I of the Complaint. 12, The Township and the Mayor and Council deny the allegations of Paragraphs 21, 22, 23, 24, 25 and 26 of Count | of the Complaint, AS TO COUNT |! 1, The Township and the Mayor and Council repieads their answers to the allegations of the Introduction and Parties Sections and Count | of the Complaint, as if the same were fully set forth herein at length. 2, The Township and the Mayor anc Council deny the allegations of Paragraph 28 of Count I! of the Complaint, except te admit that the Township's Land Use