Somerset County Superior Court Judge Yolanda Ciccione said the Hillsborough Township Historical Preservation Commission "followed statutory guidelines" in approving the demolition permit.
HILLSBOROUGH -- Somerset County Superior Court Judge Yolanda Ciccione ruled in favor of the Duke Farms Foundation on Friday afternoon, clearing the way for the demolition of the iconic Doris Duke mansion.
A representative of a citizens group opposing the demolition said Friday they plan to appeal the ruling. The group had filed papers seeking an injunction against the issuance of a demolition permit to the foundation.
On Feb. 26, the judge heard oral arguments from both sides of the demolition debate.
The township's Historical Preservation Commission voted 6-1 to approve the application for a demolition permit in October. But the group, called DORIS (Demolition of Residence is Senseless) sought to reverse the approval of the application.
"We're gratified by Judge Ciccone's decision to dismiss the objector's challenged to the demolition permit approved by Hillsborough," said Michael Catania, executive director of the Duke Farms Foundation said.
"We will now move forward with this project in accordance with this approval and with our mission in order to make Duke Farms an even better asset to the community by providing new public access to a portion of the property."
Catania said the foundation will proceed with the demolition of the structure "as quickly as we can." The foundation has already began pre-demolition work on the structure, which was built in 1893. The removal of the mansion will open up 50 acres to the public, foundation officials have said.
Tempers flare as demolition approved
David Brook, the attorney representing DORIS, said he was "incredibly disappointed in the decision. It must be nice to work in a situation like the historic commission because you can do whatever you want and not be held accountable."
Brook said he will pursue getting a stay of the demolition to seek a hearing in the Appellate Division.
The judge ruled that the plaintiff "failed to meet their burden" and that the township Historical Preservation Commission listened to all of the relevant testimony from both sides and "had adequate basis in fact and opinion to approve the demolition."
The judge wrote that the commission "followed statutory guidelines and properly exercised its discretion" and "acted in conformity" to the law.
Furthermore, the judge stated that it would be "inappropriate for the court to substitute its own judgement of the evidence for the judgement of local citizens with an intimate knowledge of the community's interest in preserving historic sites."
Brook and his group contended the township violated the Open Public Meetings Act and Municipal Land Use Law by allowing the commission to approve the demolition and by the Board of Adjustment's refusal to hear an appeal.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.