Thursday, April 16, 2015

PART ONE: Did Mayor Jackson Rip Off a Church?

As this blog has delved deeper into Mayor Jackson’s business dealings, there have been some interesting stories that make me wonder about the Mayor’s leadership and track record, which will be recounted here. Mayor Jackson has quite a few businesses in Montclair and the surrounding communities. One business in particular, Lorterdan, is a diversified real estate development company. Lorterdan Properties has numerous businesses throughout New Jersey.



In 2002, Lorterdan Properties at Ramapo, LLC purchased close to 250 acres near the New Jersey/New York border. The property was originally acquired by CHFM Associates and was sold to Jackson.


The land was a HUGE discount for Jackson. Jackson bought the land for $2,075,000 in 2002 and later sold the land (keep reading below for the details) for $11,500,000 in 2009. If the land was adjusted for inflation, the land should only have been worth $2,474,509.59 in 2009. Instead, Jackson saw a 454% increase. That’s a pretty significant increase. After looking through records, it appears like Jackson didn’t make any improvements to the land.



So why did Jackson receive such a discount on the land he purchased in 2002? Well, CHFM Associates is a New Jersey Partnership, founded by its partners Foun-Chung Fan, Wen-Hong Chen, Maurice Hsu, and Hsiu-Ju Mao. According to New Jersey’s business entity records, Foun-Chung Fan is also a principal at Lorterdan Properties at Ramapo, LLC. Probably as a result of this partnership, Jackson received the property at a heavily discounted rate.


Once Jackson got the property in his hands, he intended to build four developments, totaling over 1,800 housing units. Jackson even received zoning for the property, but something seemingly went amiss and Jackson put the property up for sale. Some speculate the economic downturn was a contributing factor for Jackson’s decision to sell the property.

What follows next is taken from a lawsuit, Lorterdan vs. Watchtower. Documents from it are linked to at the bottom of this blog for your reading pleasure.

The property was eventually sold by Jackson to Watchtower Bible and Tract Society of New York  (a Jehovah’s Witnesses group) for $11.5 million in 2009. If Watchtower decided to develop the land, they would then pay an additional $9.5 million in “consulting fees.” A repurchase agreement on the land was also included in the contract—at any time, Watchtower could back out of the contract within a two-year period, and Lorterdan was contractually obligated to repurchase the property for the same price as it was sold for.

Over the course of a year, Watchtower had numerous setbacks when they tried to get zoning for the property in order to develop it, and were ultimately unsuccessful. Additionally, they had difficulties earning a tax-exempt status. When it was clear that Watchtower could not get the property developed within the agreed upon timeline of two years, they sent a letter to the mayor dated November 1, 2010 and asked his company to repurchase the land.

Mayor Jackson personally met with Watchtower, acknowledged his contractual obligation, and promised to begin financing the repurchase of the property. Mayor Jackson’s company, apparently planning for what to do with the property after the repurchase, petitioned the Town Board on March 1, 2011. Lorterdan’s original 2005 development plan was zoned for a 55+ Senior Development, but in 2011, he wanted the age restrictions removed due to the "proposed target market of those homes" had "drastically declined, largely because of the current deteriorated national economic conditions."

Watchtower was more than willing to work with the mayor (developer) and consented to Lorterdan’s rezoning efforts, providing Lorterdan with an Owner's Consent Affidavit dated March 14, 2011. The Owner’s Consent Affidavit stated that the Lorterdan had a contractual right in the property and there was an obligation to repurchase it from them.

However, during that period of time in March 2011, it seems Mayor Jackson’s rezoning plans did not pan out. According to the Opinion and Order, on March 28, 2011, Lorterdan’s attorneys sent Watchtower a notice that it was rejecting the repurchase agreement, despite Mayor Jackson’s previous statements and assurances. In addition to backing out of the property repurchase plan, Lorterdan demanded that Watchtower pay $9.5 million for consulting fees that would have been owed had Watchtower decided to develop the property (perhaps the mayor somehow forgot the letter they received from Watchtower several months earlier?). Mayor Jackson’s company then initiated a very, very messy lawsuit. Ultimately, the case was settled confidentially.

This begs the question: why did Mayor Jackson agree to repurchase the property from the Watchtower group, only to reject the repurchase agreement and file a lawsuit against the religious group? This blog has a couple of different theories.

1.     It’s quite possible that Lorterdan's rezoning plan submitted on March 1, 2011 was turned down, or that they weren’t able to secure financing for the project.  But even in that case, they were still obligated to buy the property back from Watchtower, and suing instead of doing that raises questions about principles and ethical business behavior.  
2.     Another possibility is that Jackson just didn’t have the $11.5 million on hand to return to Watchtower and was looking for a way out of the contract. But in that case, that’s just irresponsible.

The case raises a number of interesting and important questions that will be explored in future posts. Stay tuned…


For more information on the case, click here

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