READINGTON | An attorney for Solberg Aviation Co. claims the wording in a $22 million bond referendum will mislead voters about what he sees as the township’s true intent regarding the controversial airport.

Angelo Genova wrote to township officials Monday, describing the statement as fatally flawed and biased. He wants his clients to have a say in the question voters will be asked on May 16.

"We think the interpretive statement more than implies that the public is being asked to vote to fund an open-space bond," Genova said. "In reality we think what the council is attempting to do is to engage in an eminent domain seizure under the guise of this bond question."

Officials have consistently denied that is their intention.

Mayor Gerard Shamey and township administrator Vita Mekovetz could not be reached for comment Tuesday.

Township Attorney Sharon Dragan said Tuesday she hadn’t seen the letter and declined to comment.

Genova concluded the letter by asking Dragan to respond by the close of business Wednesday to "avoid the prospect of litigation." He said he is hopeful a resolution can be reached.

"There is always a potential for a lawsuit, but there is no doubt we’d like to resolve our differences short of a lawsuit," Genova said.

Officials approved the bond ordinance in February to raise money for a potential purchase of open space and development rights on the airport, but a protest petition cleared the way for a legally binding public vote.

Officials fear the Solbergs want to expand the airport into a regional jetport. The family has denied it has plans for an expansion but has not been clear on its ultimate goal for the facility.

Approving the ordinance "would provide the funding needed to acquire various parcels of land, including the open space lands surrounding the airport, and the development rights on lands currently used by the airport, for a purchase price not to exceed $22 million dollars," according to the interpretive statement.

Rejecting it would "not permit the township to obtain the funds and acquire the property," according to officials’ interpretive statement.

Genova wrote the statement is misleading because there is no way to discern exactly how much it would cost to acquire the land. Using the phrase "open space" in the affirmative vote would sway residents to approve it.

He also said there is no guarantee the land would be dedicated as open space if acquired through eminent domain.

According to information on the township’s Web site, approving the referendum will allow the township to complete an application for 2006 funding from the New Jersey Environmental Infrastructure Trust and continue negotiations with the ability to make a cash offer.

Reporter Andrea Eilenberger can be reached at 610-258-7171 or by e-mail at aeilenberger@express-times.com.

© 2006 The Express-Times.

Date: April 26, 2006 Source: PennLive.com
URL: http://www.pennlive.com/news/expresstimes/nj/index.ssf?/base/news-2/1146024752230060.xml&coll=2