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Michael L. Collins, Esquire (Attorney ID No. 068092013)
KING MOENCH & COLLINS LLP
225 Highway 35, Suite 202
Red Bank, NJ 07701
732-546-3670
[email protected]Andrew Bayer, Esq. (Attorney ID No. 033871988)
PASHMAN STEIN WALDER HAYDEN, P.C.
Bell Works
101 Crawfords Corner Road, Suite 4202
Holmdel, NJ 07733
732-852-2481
[email protected]Attorneys for Plaintiff
TOWNSHIP OF HOLMDEL, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, MONMOUTH COUNTY
vs.
DOCKET NO.: MON-L-
CRAWFORD HILL HOLDING, LLC,
BURKE CONTRACTING, LLC, and COMPLAINT
NOKIA OF AMERICA CORPORATION,
Defendants.
Plaintiff Township of Holmdel (“Township”) hereby states by way of Complaint, as
follows:
BACKGROUND
1. This lawsuit seeks a declaratory judgment determining the Township’s rights with
respect to the Horn Antenna, a designated National Historic Landmark that the Township seeks
to preserve, which is located upon a tract of land comprised of Block 27, Lots 6, 6.01, and 7 on
the official tax maps of the Township (the “Property”).
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2. At the request of Defendants Crawford Hill Holding, LLC and Burke Contracting,
LLC, the Township has authorized an investigation to determine if the Property qualifies to be
designated as an area in need of redevelopment under the Local Redevelopment and Housing
Law (“LRHL”), N.J.S.A. 40A:12A-1 et seq., and it has engaged in corresponding negotiations
concerning the future of the Property.
3. However, months have passed, and these parties have been unable to fully apprise
the Township regarding the ownership status of the Horn Antenna.
4. As a result, the Township of Holmdel seeks judicial intervention to determine its
rights with respect to the Horn Antenna, so that it may act on an informed basis under applicable
law.
5. The Township specifically seeks a declaratory judgment determining a) the
current ownership of the Horn Antenna; and b) the Township’s right to acquire the Horn
Antenna under eminent domain.
PARTIES
6. Plaintiff Township of Holmdel is a municipal corporation of the State of New
Jersey with a principal place of business of 4 Crawfords Corner Road, Holmdel, NJ 07733.
7. Defendant Crawford Hill Holding, LLC (“Crawford Hill Holding”) is a limited
liability corporation with a mailing address of 3000 Hadley Road, Suite 305, South Plainfield, NJ
07080. Crawford Hill is the fee simple owner of the Property.
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8. Defendant Burke Contracting, LLC (“Burke”) is a limited liability corporation
with a mailing address of 1001 Hopewell Avenue, Ocean, NJ. Burke has entered into a contract
with Crawford Hill and has certain rights pertaining to the Property.
9. Defendant Nokia of America Corporation (“Nokia”) is a legal entity with a
mailing address of 600-700 Mountain Avenue, Murray Hill, NJ 07974. Nokia is the former fee
simple owner of the Property. Nokia remains party to a contract with Crawford Hill that purports
to afford Nokia with certain rights pertaining to the Horn Antenna.
RELEVANT FACTS
A. Horn Antenna and Property
10. The Horn Antenna is a large microwave horn antenna that was used as a satellite
communication antenna and radio telescope during the 1960s at Bell Telephone Laboratories in
Holmdel.
11. Notably, former Bell Labs physicists Arno Penzias and Robert Wilson utilized the
Horn Antenna to detect the cosmic microwave background radiation that provided irrefutable
evidence of the Big Bang.
12. In 1978, Wilson and Penzias earned a Nobel Prize in Physics for this work.
13. In 1989, the Horn Antenna was designated a National Historic Landmark in the
National Register of Historic Places, a list maintained by the United States Department of the
Interior, National Park Service.
14. According to the National Park Service,
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[t]he National Register of Historic Places is the official list of the
Nation’s historic places worthy of preservation. Authorized by the
National Historic Preservation Act of 1966, the National Park
Service’s National Register of Historic Places is part of a national
program to coordinate and support public and private efforts to
identify, evaluate, and protect America’s historic and
archaeological resources.
15. The National Register has various levels of significance, and the Horn Antenna is
listed as having National Significance.
16. In addition, the Horn Antenna was listed on the New Jersey Register of Historic
Places on February 24, 1993. The State Register was established pursuant to the New Jersey
Register of Historic Places Act of 1970. The criteria for inclusion on the State Register is the
same as that for the National Register.
17. At all relevant times through present, the Horn Antenna has been located upon the
Property. It is specifically sited upon a hilltop portion of the Property, which comprises the
highest point in Monmouth County.
18. The hilltop perimeter of the Property is subject to a Township-held landscape
easement.
B. Negotiations with Crawford Hill Holdings and Burke
19. During calendar year 2022, Crawford Hill Holding and Burke requested that the
Township consider designating the property as an area in need of redevelopment, pursuant to the
LRHL.
20. In response to this request, the Township has taken formal action under the LRHL
and engaged in corresponding negotiations.
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21. On November 22, 2022, the Holmdel Township Committee adopted Resolution
2022-307, titled:
RESOLUTION AUTHORIZING AND DIRECTING THE
HOLMDEL TOWNSHIP PLANNING BOARD TO
UNDERTAKE A PRELIMINARY INVESTIGATION TO
DETERMINE WHETHER THE PROPOSED STUDY AREA OF
BLOCK 27, LOTS 6, 6.01, AND 7 (791 Holmdel Road) IS TO BE
DELINEATED AS AN AREA IN NEED OF
REDEVELOPMENT FOR NON-CONDEMNATION
PURPOSES.”
22. On March 14, 2023, the Holmdel Township Committee adopted Resolution 2023-
115, titled:
RESOLUTION AMENDING RESOLUTION 2022-307
AUTHORIZING AND DIRECTING THE HOLMDEL
TOWNSHIP PLANNING BOARD TO UNDERTAKE A
PRELIMINARY INVESTIGATION TO DETERMINE
WHETHER THE PROPOSED STUDY AREA OF BLOCK 27,
LOTS 6, 6.01, AND 7 (791 Holmdel Road) IS TO BE
DELINEATED AS AN AREA IN NEED OF
REDEVELOPMENT FOR CONDEMNATION PURPOSES
23. Throughout this process, the Township has repeatedly inquired with Crawford
Hill Holding and Burke as to the ownership and control of the Horn Antenna.
24. On October 24, 2022, counsel to Crawford Hill Holding and Burke advised that
there was certain language contained within the contract (the “Sale Contract”) for Crawford Hill
Holding’s purchase of the Property, presumably from Nokia, which provides as follows (the
“Clause”):
Horn Antenna. Seller has advised and Buyer acknowledges the
presence of a historical artifact created by Seller is positioned on
the Property in what has been designated as a historical site by the
National Park Services. Buyer shall have the right to continue to
have the historical artifact remain at the historical site after
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Closing. Buyer acknowledges that the site is designated as
historical because the artifact is located at that site on the Property.
The Buyer acknowledges that it has been advised that the
designated historical site will lose its designation If the horn
antennae is moved from the current site. Buyer agrees to leave the
historical site and horn antennae open to the public and hereby
grants Seller a limited license to access and travel across the
property for the sole purpose of visiting and viewing the horn
antennae at the historical site. Buyer also agrees to permit, from
time to time, others in the public who may have an interest in
visiting the historical site. In the event Buyer intends to relocate
the horn antennae, Buyer shall notify Seller of such new location.
Buyer understands and agrees that relocating the horn antennae
from the current designated site would require a new application to
have the new site designated as a historical site. In addition, if
Buyer makes a determination that it no longer wants the horn
antennae, Buyer shall contact Seller and give Seller the first right
to remove and relocate the horn antennae. Seller will have no
liability to Buyer or any other party as it relates to the horn
antennae or historical site after Closing.
25. On April 10, 2023, the Township’s Special Counsel wrote the attorney for
Crawford Hill Holding and Burke, requesting a “sworn statement as to” Crawford Hill Holdings’
“complete ownership and control of the Horn Antenna.”
26. In response, the Township was advised that Crawford Hill Holdings would be
retaining two new attorneys in anticipation of litigation.
27. Crawford Hill Holding and Burke have never provided the Township with any
definitive information concerning the ownership and control of the Horn Antenna, nor have they
provided any information other than the Clause within the Sale Contract.
28. Given the lack of suitable response to its inquiries, and the public interest in
preserving the Horn Antenna, the Township must seek declaratory judgments concerning the
Horn Antenna, as outlined herein.
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COUNT ONE
DECLARATORY JUDGMENT
OWNERSHIP OF HORN ANTENNA
29. The Township repeats and realleges each of the foregoing allegations and makes
the same a part hereof as if set forth at length.
30. Under the New Jersey Declaratory Judgments Act, N.J.S.A. 2A:16-51 et seq., a
person “whose rights, status or other legal relations are affected by a . . . contract . . . may have
determined any question of construction or validity arising under the . . . contract . . . and obtain
a declaration of rights, status or other legal relations thereunder.” N.J.S.A. 2A:16-53.
31. The Township’s rights, status, and legal relations are affected by the purported
contract between Nokia as seller and Crawford Hill Holding as buyer as it pertains to both the
Property and Horn Antenna.
32. In order to engage in informed negotiations with Defendants concerning the
future of the Property and/or Horn Antenna, as well as to potentially act to preserve the same, the
Township needs a judicial determination regarding the actual ownership of the Horn Antenna.
WHEREFORE, Plaintiff demands a declaratory judgment interpreting any contracts
relative to and determining the ownership of the Horn Antenna, injunctive relief, and such other
relief that this Court deems just and proper.
COUNT TWO
DECLARATORY JUDGMENT
EMINENT DOMAIN ACT APPLICABLITY TO HORN ANTENNA
33. The Township repeats and realleges each of the foregoing allegations and makes
the same a part hereof as if set forth at length.
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34. Under the New Jersey Declaratory Judgments Act, N.J.S.A. 2A:16-51 et seq., a
person “whose rights, status or other legal relations are affected by a statute . . . may have
determined any question of construction or validity arising under the . . . statute . . . and obtain a
declaration of rights, status or other legal relations thereunder.” N.J.S.A. 2A:16-53.
35. Under the LRHL, the Township is authorized to exercise the power of eminent
domain, and the Township has already adopted a Resolution 2023-115 in furtherance of same.
36. The Township additionally possesses plenary statutory authority to exercise
eminent domain upon property for open space purposes, including as set forth in N.J.S.A. 40:61-
1 and Mount Laurel Tp. v. Mipro Homes, LLC, 379 N.J. Super. 358, 371 (App. Div. 2005) (“Our
Legislature has long recognized that preservation of open space constitutes a public use, and
therefore municipalities may utilize the eminent domain power to acquire property for this
purpose.”).
37. The Township’s potential exercise of its eminent domain powers, regardless of its
statutory source, is governed by the procedures contained within the statutory Eminent Domain
Act of 1971 (“EDA”), N.J.S.A. 20:3-1 et seq.
38. The EDA authorizes the condemnation of “[p]roperty,” which is defined at
N.J.S.A. 20:3-2(d) to include:
land, or any interest in land, and (1) any building, structure or other
improvement imbedded or affixed to land, and any article so
affixed or attached to such building, structure or improvement as to
be an essential and integral part thereof, (2) any article affixed or
attached to such property in such manner that it cannot be removed
without material injury to itself or to the property, (3) any article so
designed, constructed, or specially adapted to the purpose for
which such property is used that (a) it is an essential accessory or
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part of such property; (b) it is not capable of use elsewhere; and (c)
would lose substantially all its value if removed from such
property.
39. The Township maintains that the Horn Antenna satisfies this statutory definition
of “property,” such that the Horn Antenna is subject to any eminent domain power upon the
Property, given that the Horn Antenna has been located on the Property for decades, is affixed to
same, and could not be removed from the Property without material injury.
40. However, the Township recognizes that a Clause in the Sale Contract references
the potential for a “relocat[ion]” of the Horn Antenna, the ability for which the Township
disputes.
41. The Township’s rights, status, and legal relations are affected by the applicability
of the EDA’s statutory definition of “property” as applicable to the Horn Antenna.
42. In order to engage in informed negotiations with Defendants concerning the
future of the Property and/or Horn Antenna, as well as to potentially act to preserve the same, the
Township needs a judicial determination whether the statutory definition of “property” under the
EDA includes the Horn Antenna.
WHEREFORE, the Township demands a declaratory judgment determining the
applicability of the statutory definition of “property” under the EDA to the Horn Antenna,
injunctive relief, and such other relief that this Court deems just and proper.
KING MOENCH & COLLINS LLP
Attorneys for Plaintiff Township of Holmdel
/s/ Michael L. Collins
By: Michael L. Collins, Esq.
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PASHMAN STEIN WALDER HAYDEN,
P.C.
Attorneys for Plaintiff Township of Holmdel
/s/ Andrew Bayer
By: Andrew Bayer
Dated: April 11, 2023
Rule 4:5-1 Certification
I certify that the matter in controversy is not the subject of any other action pending in any
court or a pending arbitration proceeding, and no such action is contemplated. I know of no other
parties that should be made part of this lawsuit. I recognize my continuing obligation to file and
serve on all parties and the Court any amended certification, if there is a change in the facts stated
in the original certification.
KING MOENCH & COLLINS LLP
Attorneys for Plaintiff Township of Holmdel
/s/ Michael L. Collins
By: Michael L. Collins, Esq.
PASHMAN STEIN WALDER HAYDEN,
P.C.
Attorneys for Plaintiff Township of Holmdel
/s/ Andrew Bayer
By: Andrew Bayer
Dated: April 11, 2023
Rule 1:38-7 Certification
I certify that any of the defendant(s)’ confidential identifiers have been redacted from the
documents submitted to the Court and will be redacted from any documents submitted in the future,
in accordance with R. 1:38-7(b).
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KING MOENCH & COLLINS LLP
Attorneys for Plaintiff Township of Holmdel
/s/ Michael L. Collins
By: Michael L. Collins, Esq.
PASHMAN STEIN WALDER HAYDEN,
P.C.
Attorneys for Plaintiff Township of Holmdel
/s/ Andrew Bayer
By: Andrew Bayer
Dated: April 11, 2023
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Civil Case Information Statement
Case Details: MONMOUTH | Civil Part Docket# L-001118-23
Case Caption: TOWNSHIP OF HOLMDEL VS Case Type: OTHER DECLARATORY JUDGMENT
CRAWFORD HILL HOLDIN G L Document Type: Complaint
Case Initiation Date: 04/11/2023 Jury Demand: NONE
Attorney Name: MICHAEL L COLLINS Is this a professional malpractice case? NO
Firm Name: KING, MOENCH & COLLINS, LLP Related cases pending: NO
Address: 225 ROUTE 35 STE 202 If yes, list docket numbers:
RED BANK NJ 07701 Do you anticipate adding any parties (arising out of same
Phone: 7325463670 transaction or occurrence)? NO
Name of Party: PLAINTIFF : TOWNSHIP OF HOLMDEL Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): Unknown Are sexual abuse claims alleged by: TOWNSHIP OF HOLMDEL?
NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? YES
If yes, is that relationship: Business
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
04/11/2023 /s/ MICHAEL L COLLINS
Dated Signed
