Cease and desist filed as bulldozers threaten historic burial ground near revolutionary war site in new jersey

Cease and desist filed as bulldozers threaten historic burial ground near Revolutionary War site in New Jersey

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3 mins read
December 31, 2025

Roxbury, NJ – A formal cease and desist effort has been launched to halt construction activity at a site in Roxbury Township that preservation advocates say contains unmarked Civil War burials, Lenape cultural remains, and Underground Railroad–era artifacts located near a historically documented Revolutionary War medical and military facility.

The action stems from a First Notice of Archaeological and Environmental Concern dated December 22, issued to Roxbury Township, its planning board, police department, and private contractors tied to development at 12 South Hillside Avenue and 201 Route 10 East in Succasunna. The notice asserts the land is an archaeologically sensitive burial site protected under state and federal law.

According to the filing, the Roxbury Township Planning Board approved development earlier in December that includes imminent ground disturbance. The notice states that heavy excavation machinery has already been mobilized despite what it describes as the absence of required consultation with the New Jersey State Historic Preservation Office, archaeological assessments, or public hearings regarding burial ground disturbance.

The document warns that failure to pause activity could violate the New Jersey Cemetery Act, the New Jersey Register of Historic Places Act, and federal statutes including the National Historic Preservation Act and the National Environmental Policy Act. It further alleges potential desecration of protected remains and destruction of heritage resources if work continues.

The site is described as likely containing unmarked graves of Union veterans, Lenape cultural materials, and historically verified features supported by oral history, prior excavations, veteran records, and field documentation. Preservation advocates say the location is across from a nationally significant Revolutionary War-era hospital and arsenal site that includes documented underground tunnel systems.

Actions outlined in the notice include legal inquiries submitted to the State Historic Preservation Office, documentation of visible ground disturbance, consultation with preservation groups and Indigenous historians, and preparation of an emergency temporary restraining order seeking injunctive relief in U.S. District Court.

The formal demand calls for an immediate halt to all bulldozing, trenching, grading, and mechanical disturbance, installation of protective fencing, a Phase I archaeological survey, consultation with Lenape and other Indigenous stakeholders, and the filing of all historical and environmental evaluations before any further activity.

The notice states that failure to respond will trigger escalation procedures, including additional legal action. Roxbury Township officials and the listed contractors had not publicly responded to the allegations at the time of the filing.

Preservation advocates are seeking an immediate stop to construction in Roxbury Township, warning that ongoing excavation threatens a historically protected burial and cultural site tied to Civil War, Lenape, and Revolutionary War history.Roxbury, NJ – A formal cease and desist effort has been launched to halt construction activity at a site in Roxbury Township that preservation advocates say contains unmarked Civil War burials, Lenape cultural remains, and Underground Railroad–era artifacts located near a historically documented Revolutionary War medical and military facility.

The action stems from a First Notice of Archaeological and Environmental Concern dated December 22, issued to Roxbury Township, its planning board, police department, and private contractors tied to development at 12 South Hillside Avenue and 201 Route 10 East in Succasunna. The notice asserts the land is an archaeologically sensitive burial site protected under state and federal law.

According to the filing, the Roxbury Township Planning Board approved development earlier in December that includes imminent ground disturbance. The notice states that heavy excavation machinery has already been mobilized despite what it describes as the absence of required consultation with the New Jersey State Historic Preservation Office, archaeological assessments, or public hearings regarding burial ground disturbance.

Photo: cease and desist filed as bulldozers threaten historic burial ground near revolutionary war site in new jersey

The document warns that failure to pause activity could violate the New Jersey Cemetery Act, the New Jersey Register of Historic Places Act, and federal statutes including the National Historic Preservation Act and the National Environmental Policy Act. It further alleges potential desecration of protected remains and destruction of heritage resources if work continues.

The site is described as likely containing unmarked graves of Union veterans, Lenape cultural materials, and historically verified features supported by oral history, prior excavations, veteran records, and field documentation. Preservation advocates say the location is across from a nationally significant Revolutionary War-era hospital and arsenal site that includes documented underground tunnel systems.

Actions outlined in the notice include legal inquiries submitted to the State Historic Preservation Office, documentation of visible ground disturbance, consultation with preservation groups and Indigenous historians, and preparation of an emergency temporary restraining order seeking injunctive relief in U.S. District Court.

Photo: cease and desist filed as bulldozers threaten historic burial ground near revolutionary war site in new jersey

The formal demand calls for an immediate halt to all bulldozing, trenching, grading, and mechanical disturbance, installation of protective fencing, a Phase I archaeological survey, consultation with Lenape and other Indigenous stakeholders, and the filing of all historical and environmental evaluations before any further activity.

The notice states that failure to respond will trigger escalation procedures, including additional legal action. Roxbury Township officials and the listed contractors had not publicly responded to the allegations at the time of the filing.

Preservation advocates are seeking an immediate stop to construction in Roxbury Township, warning that ongoing excavation threatens a historically protected burial and cultural site tied to Civil War, Lenape, and Revolutionary War history.

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