Congratulations to Derrick Freijomil, Diane Hickey and Keshav Agiwal on their recent victory in a long-running defense of Montclair Township’s Lackawanna Plaza redevelopment project.
The contested redevelopment project dates back to at least 2017 and faced a series of court actions challenging the municipality's decisions (known as prerogative writ challenges). The most recent version of the Redevelopment Plan was adopted in 2023, which itself drew challenges alleging conflicts of interest among decision-makers. In response, the Township reapproved the Plan in 2024, having addressed the alleged conflicts.
The 2024 approval brought a fresh round of legal challenges, launching litigation in the Summer of 2024 that involved multiple pretrial discovery and expert motions. The Court ruled in favor of the Township on each of these motions, preventing the Plaintiff from seeking discovery beyond the existing record or submitting expert opinion, decisions that carried particular significance given the limited case law on those issues.
The matter proceeded to trial on February 6, 2026, followed by supplemental post-trial briefing and a brief pause to allow the parties to explore settlement, which ultimately did not occur. On March 30, 2026, the Court issued its ruling rejecting the Plaintiff's claims in full and affirming the Township's Ordinance and Redevelopment Plan. Barring a stay, which appears unlikely, this decision clears the way for the redevelopment project to move forward in earnest, allowing a long-dormant site to finally be developed and put to productive use.
Derrick led the Township’s defense of the Plan and could not have done it without the significant and critical support and guidance from Diane Hickey and Keshav Agiwal.
