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Friday, February 3, 2017

Hoboken loses on one legal front against the Monarch Project, will appeal to NJ Supreme Court

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Friday February 3, 2017

City of Hoboken, NJ

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Community: City of Hoboken Seeks to Appeal Monarch Litigation to State Supreme Court

Dear MSV readers,

The Appellate Division of the Superior Court of New Jersey today ruled against the City of Hoboken’s request for a hearing from the New Jersey Department of Environmental Protection (DEP) regarding the Monarch development project.

Among other reasons, the court stated that “post-Superstorm Sandy changes to the [DEP’s] regulations and the City’s ordinances did not constitute “good cause” to revoke the [waterfront development permit] issued to Shipyard” by the DEP in 2011.

“Superstorm Sandy was a devastating event, and the impacts of climate change and rising seas absolutely need to be considered when we are potentially putting future residents and our first responders at risk by developing on waterfront piers,” said Mayor Dawn Zimmer. “We will be immediately filing a petition for certification to appeal this to the New Jersey Supreme Court.”

In addition to this matter, the City of Hoboken is also concurrently involved in four other litigation matters related to the site of the Monarch project.

Jersey City declares itself above the law; will become "sanctuary" city

Mayor Steve Fulop
An NJ.com story says Jersey City Mayor Steve Fulop is prepared to sign over his city to "sanctuary" city status placing it at risk of bucking federal immigration law and losing federal funding.

The details of the pending legislation are not clear in Jersey City but other cities refusing to cooperate with US officials upholding federal law on illegal immigration risk losing federal funding.

Recently, Miami-Dade refused to sustain a similar status choosing not to risk losing over $300 million in federal funds. Miami-Dade Mayor Carlos Gimenz said after receiving legal consultation on federal immigration law, he would not jeopardize federal funding in any sanctuary city designation. He noted such funding is clearly discretionary.

San Francisco and other large cities are attempting to stave off the potential loss of federal funds and pursue a legal strategy of opposition in court. That California city made national news on the issue when an illegal alien deported five times previously shot and killed Kate Steinle. The family is suing the federal government for failure to enforce US law. Legislation is pending in the US Congress seeking to impose a five year jail term for repeated illegal entry into the United States. The legislation is dubbed Kate's law.

President Trump elected last November on a platform of "law and order" and protecting the national security of American citizens is actively taking steps to curtail illegal immigration and the flow of hard drugs into the United States. A wall on the southern border of the United States signed into law in 2006 is expected to see construction in the coming months and may be completed in two years.

At the last Hoboken City Council meeting a partisan ceremonial resolution condemning the federal executive order to temporarily ban travel between seven Middle East countries antagonistic to the US in known terrorist havens lacking cohesive governments saw easy passage.

Councilman Michael DeFusco voiced a desire to put "teeth" into similar legislation and Councilman Ravi Bhalla said he was directing the Hoboken legal counsel to review it.

Hoboken is awaiting final action on $230 million on federal funding for Rebuild a Design, a construction project to protect Hoboken from flooding.