Fight to save Duke Farms mansion headed to court

David Brook, an attorney and one of the organizers of the group opposing the demolition of the mansion, said he'll file an appeal in the courts "soon."

HILLSBOROUGH -- The next battleground in the fight to save the Duke Farms mansion from demolition will be state Superior Court.

Thursday night, moments after the township's Board of Adjustment's attorney ruled at a hearing that it had no jurisdiction in the matter and the board unanimously agreed, the group opposed to the once-grand structure being razed said it plans to file an appeal in the courts.

The group, called DORIS (Demolition of Residence Is Senseless), is seeking to reverse a decision by the township's Historical Preservation Commission to approve an application by the Duke Farms Foundation to demolish the mansion, which was built in 1893.

"It's liberating," said David Brook, an attorney and one of the organizers of DORIS. "I think it's safe to say we needed to exhaust all of our administrative remedies before we go to court.

"I think this is probably the best thing to happen. We can't get a fair hearing in the township. We feel the commission made a flawed decision to approve the application and we believe the courts will reverse it. We'll file an appeal soon."

Mark Anderson, attorney for the township's zoning board, agreed that court is likely the best place to resolve the impasse. He said it's not the board's decision to make. He admitted that the township's ordinance on the matter is a bit unclear.

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Michael Catania, the executive director of the Duke Farm Foundation, said the foundation is pleased with the board's decision and is prepared to go to court.

"We're obviously pleased the board didn't think it had jurisdiction," said Catania. "We feel we presented a strong case to the Historical Preservation Commission. We're prepared to defend that decision if they want to take it to court."

David Brook

Last month, DORIS, which will celebrate Doris Duke's 103rd birthday on Sunday at 1 p.m. at Duke Island Park in Bridgewater, alleged in a press release that the demolition of the mansion had begun although the township hasn't issued a demolition permit.

The release said that one of the large two-story south facing windows had been removed and the entire side of the mansion was exposed to the elements.

Catania said the windows were removed so some of the architectural elements of the mansion could be taken out and preserved before the demolition takes place. He added that the side of the mansion exposed would be covered up.

Catania said he had the permits to do the work that had been done and Hillsborough Mayor Doug Tomson confirmed that the foundation had the permits. The foundation, however, has yet to apply for a demolition permit, he said.

Brook said he and his group are upset that the foundation has been allowed to "ransack and pillage" the mansion and sell it "to the highest bidder." He said he's going to ask the court to order the foundation to stop all work on the mansion and retrieve and replace the items that have been removed.

"What they're doing is anticipatory demolition," said Brook. "They're ripping the guts out of the place and selling it on the internet."