Court Ruling Reopens Settlement for the Forest

The Borough of Madison appealed a ruling from the superior court of New Jersey stating it must amend its Housing Element and Fair Share Plan to accommodate an additional 77 units of low and moderate income housing.

Superior Court Judge Stephan Hansbury stated this in his Feb. 14, 2025 decision.

In a statement online, the Borough of Madison said, “After careful review [of the court’s decision], the borough has filed an appeal, citing multiple concerns. While the legal process continues, we remain open to settlement discussions with Drew University.”

Additionally, in a statement to the Acorn, Drew University said, “Despite the Borough of Madison’s decision to appeal Judge Hansbury’s recent decision, Drew University remains eager to reach a settlement agreement with Madison to sell the University’s surplus land, preserve The Drew Forest, and support Madison’s affordable housing obligation.”

This appeal follows legal challenges from Drew University amid the ongoing sale of the Drew Forest. In the civil action suit, Drew University argued that the Forest should have been considered by Madison during its Vacant Land Analysis and Realistic Development Potential.

In a motion filed in June 2022, Drew sought to vacate the court’s August 2021 approval of Madison’s Mt. Laurel compliance plan. “[Consideration of the land] could result in a reduced Vacant Land Analysis which could permit Drew to develop that land as high density Mt. Laurel project with a 20% set aside,” said Judge Hansbury in his decision.

He also said “The court completed its written decision in early fall [2024] and was prepared to release it. However, the local press announced the case had been settled.” The decision was made following trial on May 20 and 21, 2024, and a presentation of written closing arguments on Sep. 27, 2024.

However, despite a joint statement from the Borough of Madison and Drew University that they reached an agreement to preserve the Forest with a sale to the borough, the legal matter had not been settled.

The court said that following a conference on Jan. 21, it said “It would not release [its] opinion until Wednesday, Jan. 29, hoping that by then the matter would be resolved.” Since it was not, the court released its decision on Feb. 14 and detailed the revisions and updated the Borough of Madison should present to the court.

Despite their appeal to the decision, in their statement the Borough said “From the start, Madison has viewed affordable housing as a moral responsibility, not just a legal obligation. We remain committed to preserving the Drew Forest—a vital natural resource for Madison and surrounding communities—while also ensuring the development of affordable housing, in a way that best serves the taxpayers of Madison.”

In the comments of the Borough’s Facebook post, several community members expressed agreement that Madison should not be obligated to provide more affordable housing.

“The development of apartments on the Madison Ave. Drew property will only continue to overcrowd our streets and schools with no improvement to the existing community at large. The Madison community should continue to protest the planning board and its continued passage of development that continues to have a negative impact on this town,” said Ari Magedoff, a Madison resident.

Other commenters noted that Drew’s suit reflects their internal issues, rather than any fault on the Borough’s behalf.

Drew alumnus David Kessler (C’05) said, “The idiots managing Drew for the last 20 years started this problem… had they managed the finances of the college well, they wouldn’t be forcing Madison to essentially pay for this mess… what arrogance on behalf of that college to expect a community to clean up its failures…. They should close their doors for good and develop that property into something useful for the community.”

Conversely, some posters advocated for the court’s decision, such as Madison resident David Steketee, who responded to Kessler, saying “Madison isn’t ‘paying’ for this. Development happens. Housing is a problem across the country. Standing in the way of developing affordable housing seems like an odd hill to die on.”

The Drew Acorn remains dedicated to covering the ongoing legal dispute over the Drew Forest. Any updates to Madison’s appeal or the sale of the Forest will be published in print and online at TheDrewAcorn.com.

Sierra Walker is a senior majoring in marketing and media and communication and minoring in Spanish.