Tree Removal Lawsuit Challenged By Somerset County Parks Commission

BRIDGEWATER, NJ ? The Somerset County Park Commission is seeking to dismiss a lawsuit filed by Bridgewater Township, claiming they are not involved in the Washington Valley Park access road project.

The Township filed a lawsuit on Oct. 16 in Somerset County Superior Court against Somerset County and the Somerset County Park Commission over the removal of an estimated 300 to 500 trees, despite contract documents authorizing the removal of only 37 trees for the construction of an "access road" between Vosseller Avenue and the Hawk Watch/White Rock area of the park.

On Wednesday, the Park Commission filed a Notice Of Motion To Dismiss, asserting they are and have been an independent body since 1956.

The Park Commission's motion also claims "the Project was planned, designed, bid and funded by the County with no involvement by the Park Commission."

At the Oct. 28 Somerset County Commissioners meeting, Somerset County Engineer Matt Loper gave a presentation, breaking down the planning, permitting, and communication leading up to the construction of an access road between Vosseller Avenue and the Hawk Watch/White Rock area.

The Park Commission's motion also references a certification submitted by Dan Hayes, Director of the Park Commission, on Oct. 31 that similarly confirms that, "[t]he Commission played no role in the planning, design, bidding, funding or construction of the Project, nor will it play any role going forward beyond maintenance once completed."

"Thus, the Park Commission cannot be found to be responsible for any alleged irregularities related to the construction of the access road," according to the motion.

"Because the Plaintiff fails to state a viable claim against the Park Commission, and because

the Park Commission was improperly joined as a defendant herein, the complaint should be dismissed as against the Park Commission," according to the motion.

Bridgewater Township did not immediately return Patch's request for comment.

A judge will rule on the motion to dismiss on Dec. 19.

See the Motion to Dismiss below:

Township of Bridgewater v. Somerset County Park Commission et al. Docket No.: SOM-C-012074-25 by Alexis Tarrazi

Previously, on Oct. 17, Somerset County Superior Court Judge Haekyoung Suh denied the Township's Complaint and Order to Show Cause, seeking temporary restraints against Somerset County and the County's Park Commission.

"Plaintiff?s request for temporary injunctive relief is denied for failure to demonstrate immediate and irreparable harm," said Suh.

Then on Monday, Nov. 10, Judge Suh denied Bridgewater's preliminary restraints order, which sought to halt the removal of additional trees from Washington Valley Park.

"Plaintiff?s request for a preliminary injunction is hereby DENIED," according to Suh

Previous Reporting:

• Hundreds Of Trees Chopped Down At Washington Valley Park, Bridgewater Says
• Bridgewater Sues Somerset County Claiming 300 Trees Cut Down At Washington Valley Park
• 'Animals Displaced Forever': Petition To Stop 'Destruction' At Washington Valley Park
• Judge Denies Bridgewater's Request To Stop Work At Washington Valley Park
• 'We Did Our Due Diligence,' Somerset County Says Of Washington Valley Park Project

Have a news tip? Email alexis.tarrazi@patch.com.