I believe that Agilent has always been free to put their property back on the market. My understanding is that CC was paying Agilent a monthly stipend to offset Agilent's cost of ownership (ie taxes, security, etc.). I don't think that the lawsuit changes anything there as long as CC is willing to keep paying what Agilent wants. I'm sure they'll add this monthly charge to their damages in the lawsuit and hope to ultimately collect it from RT. Time will tell if their gamble pays off.
I would think that it would be several years before getting on the Fed docket. I also believe that, although you can sue anyone for anything at anytime, to be sucessful you have to have something done against you. To sue a town for something they may (or may not) do in the future, or what you think they are planning to do, will get you nothing. I can envision the first question out of the judges mouth being, OK CC, when did Rockaway Twp. deny your application? They didnt, OK case dismissed. I doubt they would even have standing to challenge the ordinance, since nothing has happened or been decided against them based on its contents. They are totally without any cause in the suit. I think it was just a last ditch effort to scare the twp. which wont work. They are about to lose their exemption, Agilent probably wants to move on with the property sale, and they know its not going to happen so they are trying the only thing they had left. A very "christian" thing to do to a town.
Perhaps his thinking is that even though the town has not turned him down at this point, since the lawsuit is such a long term proposition, that by the time he gets his day in court the town will have ruled on the application. If it's turned down, he continues with the suit, if it's approved he drops it.
By the way, does this affect the planning board meetings. If not, why not file suit and get things started just in case the application is rejected?
I dont know what the PB's position would be, but since they are all being sued individually and as a town entity, I would think that all PB meetings concerning the church's application would be suspended pending the outcome of the litigation. How can they be expected to be objective at this point and ask questions or make comments with a suit hanging over their heads. Guess we will have to wait and see.
