TOMS RIVER, N.J. – Three members of the Toms River Township Council allied with former Mayor Mo Hill have been routinely voting against paying legal bills tied to a lawsuits filed by the township to stop two of the former Toms River Mayor’s most controversial developments.
Under Toms River Mayor Dan Rodrick, the township has active legal action pending to prevent a large city being built on the former Ciba Geigy superfund site, and a massive apartment project in downtown Toms River.
Both were cornerstone projects from Hill of what Rodrick calls the “Mo Hill Gang”, he’s facing resistance from Hill-aligned council members.
Councilmen Tom Nivison, James Quinlisk, and David Ciccozi opposed a recent bill list that included payments to attorney Donald F. Burke, who was hired by the township under Mayor Dan Rodrick to defend the town against a lawsuit filed by developer Capodagli Property Company.
Rodrick said that despite the effort by the trio, he remains committed to his campaign promise of stopping overdevelopment in town, even if his opponents continue to support it.
The firm is suing Toms River after the township revoked its redevelopment agreement for a two-tower apartment project in August 2024.
Rodrick said the councilmembers are trying to sabotage the town’s attempt to stop the project which went into default last year for not meeting requirements necessary to proceed.
The “twin tower” proposal, which would have brought hundreds of apartment units to downtown Toms River, was approved under the previous administration led by Mayor Hill but quickly became a flashpoint after Rodrick took office and moved to scale back large-scale development. Hill’s allies on the council have repeatedly clashed with Rodrick’s governing majority over redevelopment, legal spending, and affordable housing settlements.
In multiple polls, over 70% of residents opposed the project. Now, the fight against the project could be in jeopardy if newly elected council members join the chorus against Rodrick, which could deny payments to the lawfirm leading the battle in court.
They will have a 4-3 majority on the council starting in January, but lack sufficient votes to overturn vetos by the mayor.
Burke’s firm was retained in May 2024 to represent the township in both the Capodagli litigation and in a separate appeal over redevelopment at the former Ciba-Geigy Superfund site.
Capodagli’s lawsuit accuses the township and mayor of intentionally stalling and canceling the downtown project, arguing that political opposition to high-density housing derailed a valid redevelopment deal. The township maintains that the developer missed critical deadlines and failed to meet contractual obligations.
The township’s stance is that the developer did not meet the conditions set forth contractually to recieve the land and the PILOT (Payment in Lieu of Taxes) program granted by Mayor Hill.
The vote against paying Burke’s legal fees reflects an ongoing political divide: supporters of Mayor Rodrick view the litigation as essential to preventing overdevelopment downtown, while Hill’s allies cointinue to derail the effort to fight the unpopular project.
Meanwhile, Rodrick has touted a 2025 affordable housing settlement that limits the number of state-mandated units as proof that his administration is protecting Toms River’s suburban character, which the state excluded the Capodagli property, despite attempts by their legal team to be included in the affordable housing settlement.