Township to Appeal Tutor Time Ruling

The Millburn Township Committee said Tuesday night it plans to appeal a recent ruling requiring the township to provide sewer service to a Livingston apartment complex, officials said.

The ruling by Judge Dennis Carey of Livingston in Newark Superior Court requires the township to provide sewer service for 62 more units on the Tutor Time property in Livingston. The property, located at 650 S. Orange Ave. was originally zoned by Livingston as a restaurant.

Short Hills resident Fred Pollakoff sparked the announcement during public comment Tuesday when he spoke out against the complex. He criticized the Livingston Planning Board for allowing the construction and TMB Partners for proposing it. 

"I ask that in closed deliberation, the township committee give great weight to contesting Judge Carrey’s summary judgment," Pollakoff said.

Township attorney Christopher Falcon said the paperwork was being processed by the township's other attorney Brent Carney and would be filed before the Monday, April 8 deadline. 

The announcement comes just under two weeks after the Short Hills Association filled the March 19 committee meeting to urge the township to challenge the ruling. 

Residents said the ruling would impair a Millburn sewer system that already has serious issues and would forever change the nature of Millburn.

"It's not Millburn's responsibility to provide sewer service for a project in another town that has its own capacity," Michael Steinberg of Short Hills said previously. "Let Livingston take care of its own needs."

At the March 19 meeting, the township committee said it had not been briefed on the ruling and met in closed session afterwards to discuss what actions it might take.