Oct. 17--Opponents of a plan to carve out a chunk of the Palisades in North Bergen and build a strip mall have sued Hudson County in an attempt to block the controversial project.

The lawsuit, filed in state Superior Court, says that the Hudson County Planning Board violated the county's own steep slope regulations by approving the Walgreens, Starbucks and Bank of America project in June. It also says the Hudson County freeholders did not consider an appeal of the Planning Board's decision brought by opponents, as required under state law.

"After being ignored by the Board of Chosen Freeholders, we had no choice but to take our case to a higher level," said Peggy Wong, a North Bergen resident and president of the Coalition to Preserve the Palisades Cliffs. "It's a shame that publicly elected officials do not feel they are accountable to the public whose interests, health and safety they are mandated to protect."

A Hudson County spokesman did not return a phone call Friday seeking comment.

A spokesman for North Bergen, which has championed the project, called the lawsuit "misguided."

"The township believes this project can be built safely and without harming the Palisades in any way," said the spokesman, Paul Swibinski.

The project at the base of the Palisades on River Road was originally opposed by Hudson County planning officials, who believed it could destabilize Boulevard East, which runs along the top of the cliffs. It is being developed by Avak Properties of Paramus.

Engineers hired by North Bergen said 105,000 cubic yards would have to be removed to make way for the three buildings and 107 parking spots -- down from the original 700,000 cubic yard estimate.

Opponents say it violates state Department of Environmental Protection regulations that prohibit disturbances on slopes with a grade greater than 20 percent. Development on steep slopes can affect "safety, water quality and quantity, the environmental integrity of our landscapes, or all of the above," according to the regulation.

Hudson County freeholders approved a similar ban last year. It prohibits any type of disturbance or development of steep slopes.

North Bergen officials say the project would bring in $200,000 in annual property taxes. When opposition grew, Mayor Nicholas Sacco sent thousands of fliers to residents and bought newspaper advertisements describing the project's benefits.

-----

To see more of The Record, or to subscribe to the newspaper, go to http://www.NorthJersey.com.

Copyright (c) 2009, The Record, Hackensack, N.J.

Distributed by McClatchy-Tribune Information Services.

For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

WAG, SBUX, BAC, 8648,

A service of YellowBrix, Inc.