Greystone group denied stay of demolition

MORRISTOWN – Superior Court Judge Stephan Hansbury denied a bid by the Preserve Greystone Group to grant a restraining order that would temporarily halt the ongoing demolition of the historic Kirkbride Building at Greystone Park Psychiatric Hospital in Parsippany.

James Sullivan, pro bono attorney for the nonprofit group, argued for a stay on the grounds that the demolition project encroaches on the Illumination Gas Plant on the Greystone campus, which is currently the only building left there protected by official historic designation.

The state appeals court has twice denied Preserve Greystone appeals to halt demolition of the enormous Kirkbride, the centerpiece of the 19th century facility built as part of a national effort to revolutionize the care of the mentally ill in the United States.

But the building has fallen into dangerous disrepair, and is riddled with toxic substances ranging from mold and lead paint to asbestos, prompting the Gov. Chris Christie administration to move forward with demolition despite public outcry and formal expressions of interest to repurpose the property by developers, some of whom claim to be able to fund the entire project with private funds and tax credits.

Another appeal is pending, but Sullivan argued that even a successful appeal would come to late to save the building, where demolition began on April 6.

"These are exceptional circumstances," Sullivan said. "If I'm right, that building is gone forever, and there's no bringing it back."

Hansbury praised what he terms a "well-meaning" and "very creative" argument by Sullivan, who added the Kirkbride demolition would render the historic significance of the gas plant as meaningless.

But the judge disagreed, saying Sullivan did not present "any evidence whatsoever" that the historic significance of the respective buildings were inseparably linked. He added that the demolition project at Kirkbride is at least 800 feet from the location of the gas plant and did not physically encroach the gas works.

Sullivan also argued that the New Jersey Department of Treasury, which is in charge of the $34.4 million demolition and remediation of all the remaining Greystone structures, did not obtain permits required by both the Environmental Protection Agency and state Department of Environmental Protection as required by the federal Clean Water Act.

Hansbury also denied that argument, saying it had not been included in the original complaint.

Deputy Attorney General Philip Espinosa, representing Treasury, in response to Sullivan's lengthy presentation, said only that Preserve Greystone had argued in its appeals to specifically stay demolition of the Kirkbride that the appeals court had jurisdiction in the matter.

Hansbury agreed, saying "I don't have jurisdiction over the appellate court. I wish I did."

"I grew up near Greystone," Hansbury said. "As an adult I owned a house near Greystone. I remember the time when the cows were there. They had their own bakery, and they actually had a guy who was paid full-time to go around and set all the clocks. My aunt was there as a nurse during World War II. My knowledge of Greystone is significant, but I can't give you what you want, because I don't have the authority to do it."

Both attorneys declined to comment after the proceeding.

We empathize with the concerns of preservationists that the Kirkbride Building is being razed," Treasury spokesperson Joseph Perone said after the proceeding. "However, we continue to move forward with the project, including our own ways of preserving the hospital's history. The ultimate goal is to convert the property into open space and turn it over to the parks commission for the enjoyment of Morris County residents."

William Needham, vice president of Preserve Greystone, said "I don't believe this is our last attempt. We still have a pending case in the appelate division, and our attorney is putting up an admirable fight."

Staff Writer William Westhoven: 973-428-6627; wwesthoven@GannettNJ.com.

But attorneys for the New Jersey Department of Treasury argued that the state appeals court has twice denied appeals to halt dem