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Judge nixes 3 in First St. decisions
Monday, June 13, 2005
By BONNIE FRIEDMAN
JOURNAL STAFF WRITER
A Hudson County Superior Court judge removed several players involved in the ongoing 111 First St. saga yesterday, citing potential conflicts of interest.
Judge Maurice J. Gallipoli ruled that the Jersey City corporation counsel, an engineer retained by the city and the chairman of the Historic Preservation Commission should be disqualified from the proceedings taking place before the Historic Preservation Commission.
Last month, Daniel Horgan, an attorney for New Gold Equities, the owner of the former tobacco factory and one-time artists enclave, appeared before the commission, arguing that the 19th-century building should be demolished on the grounds that it is unsafe.
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But last week, Horgan asked the court to dismiss Historic Preservation Commission chairman Stephen Gucciardo after discovering he'd toured the site with three city officials.
City officials have previously said that they don't agree with New Gold's assessment that the building is too unstable to be saved.
Gucciardo said he accepted an invitation to tour the site without realizing how it might be misconstrued.
"In an effort to educate myself about the application I was hearing, I accepted an invitation to see the structural condition of the building firsthand, and I was unaware of any conflict of interest that might arise when I did so," Gucciardo said.
Gallipoli agreed, ruling that Gucciardo must recuse himself from the commission's hearing - the fourth of the commission's 11 members to be recused for various reasons.
In addition, the commission's city-hired engineer, Bill Halkiadakis, and attorney, Carmine Scarpa, should be removed from the case, Gallipoli ruled.
Corporation counsel Bill Matsikoudis said the commission needs to decide whether to hire its own engineer to provide expert advice. New Gold, Matsikoudis said, was ordered to put $5,000 in escrow to pay for such services.
Matsikoudis said the city has tried to work with New Gold to ensure a fair outcome.
"Mr. Horgan stated that it is clear that the building is in imminent danger of collapse and that it creates a safety hazard, however the engineering expert that the city has retained simply does not agree with the conclusion," said Matsikoudis, noting that Horgan rebuffed an offer to split the cost of hiring a third-party engineer.
The next hearing before the commission will take place on June 27
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Judge nixes 3 in First St. decisions
Monday, June 13, 2005
By BONNIE FRIEDMAN
JOURNAL STAFF WRITER
A Hudson County Superior Court judge removed several players involved in the ongoing 111 First St. saga yesterday, citing potential conflicts of interest.
Judge Maurice J. Gallipoli ruled that the Jersey City corporation counsel, an engineer retained by the city and the chairman of the Historic Preservation Commission should be disqualified from the proceedings taking place before the Historic Preservation Commission.
Last month, Daniel Horgan, an attorney for New Gold Equities, the owner of the former tobacco factory and one-time artists enclave, appeared before the commission, arguing that the 19th-century building should be demolished on the grounds that it is unsafe.
Advertisement
But last week, Horgan asked the court to dismiss Historic Preservation Commission chairman Stephen Gucciardo after discovering he'd toured the site with three city officials.
City officials have previously said that they don't agree with New Gold's assessment that the building is too unstable to be saved.
Gucciardo said he accepted an invitation to tour the site without realizing how it might be misconstrued.
"In an effort to educate myself about the application I was hearing, I accepted an invitation to see the structural condition of the building firsthand, and I was unaware of any conflict of interest that might arise when I did so," Gucciardo said.
Gallipoli agreed, ruling that Gucciardo must recuse himself from the commission's hearing - the fourth of the commission's 11 members to be recused for various reasons.
In addition, the commission's city-hired engineer, Bill Halkiadakis, and attorney, Carmine Scarpa, should be removed from the case, Gallipoli ruled.
Corporation counsel Bill Matsikoudis said the commission needs to decide whether to hire its own engineer to provide expert advice. New Gold, Matsikoudis said, was ordered to put $5,000 in escrow to pay for such services.
Matsikoudis said the city has tried to work with New Gold to ensure a fair outcome.
"Mr. Horgan stated that it is clear that the building is in imminent danger of collapse and that it creates a safety hazard, however the engineering expert that the city has retained simply does not agree with the conclusion," said Matsikoudis, noting that Horgan rebuffed an offer to split the cost of hiring a third-party engineer.
The next hearing before the commission will take place on June 27
- bill 6-14-2005 6:04 pm