What is the latest on the litigation between Drew and Madison?

In the summer of 2022 Drew University filed a legal motion asking the Superior Court of New Jersey to revise Madison Borough's affordable housing obligation.

August, 2022: Friends of the Drew Forest and thousands of residents felt it was vital to speak for the Forest. The Friends filed an amicus brief with the court outlining many reasons why an intact forest is a rare ecosystem and is not a suitable location for housing developments. More information can be found here.

May, 2024 A trial was held to determine the Realistic Development Potential of the available Drew lands. Friends of the Drew Forest, participated by providing an attorney and expert testimony on the environmental and ecological value of the Forest.

February, 2025 Judge Hansbury ruled that the acreage Drew has designated as peripheral lands (including the Forest) are developable at 8 units per acre. (We maintain that development of any part of the Forest’s acreage will immeasurably damage its ecosystem services and harm wildlife; construction fragments habitat, causing an increase in invasive species and a reduction of terrain for foraging). Based the 8 units/acre calculation, the Judge ruled that Madison owed an additional 77 affordable housing units but that the Borough could determine where these were to be built. In other words, Madison could utilize some of the peripheral lands on Drew’s campus but was not required to do so.

June 2025 Madison submitted its amended plan to accommodate the 77 units (without utilizing the Forest or any of Drew’s peripheral lands). Drew and Fair Share Housing Center objected to the proposal.

October 2025. The judge ruled that Madison did not need to further revise its plan, despite issues raised by Fair Share Housing and Drew Univiersity.. The Borough has until Jan, 6, 2026 to file details requested by the Court. This ruling is good news for the Borough and good news for the Forest..

Here is the latest document our lawyer filed on Oct. 22, 2025 explaining our opposition to developing the Forest based on its environmental value to Madison, to the aquifer and to Morris County.

Have you brought in experts as part of the court proceedings? 

Yes. We retained of one of New Jersey’s top environmental consultants, Davey Resources Group. Davey has produced a sixty-page study that concluded, "The Preserve has limited development potential but extremely high value as a preserved open space." The late Ed Lloyd., a leading legal expert in environmental issues and citizen suit litigation, generously represented Friends of the Drew Forest on a pro bono basis. More information can be found here.

What would the environmental impact of a housing development be?

Cutting roads through a mature, intact forest would fragment and severely degrade a complex, interdependent ecosystem. Development would also reduce the Forest’s significant climate benefits: aquifer recharge, wildlife habitat, carbon sequestration and flood mitigation.

After Hurricane Ida, the Forest captured and purified large quantities of water, filtering it to the Buried Valley Aquifer, an underground reservoir where 30 towns get their drinking water.

How big is the Forest?

The 53-acre Forest is outlined in yellow. The land has been undeveloped since 1867 when Daniel Drew purchased an estate called “The Forest.” Drew’s campus is currently 163 acres.

What is a market-value conservation sale?

Here are the steps Chatham Township took when it purchased 130 acres from a commercial developer to create the Giralda Farms Preserve, a public park:

1. An appraisal established the value of the land.

2. A willing buyer and a willing seller agreed on a fair market value.

3. The buyer assembled funding from municipal, county, state, nonprofit and individual contributors.

4. The seller received the funds.

5. The land was preserved for public use.

Why hasn’t a conservation sale of the Forest happened already?

At any of the stages of a sale, different views can arise between the owner and potential buyers. Establishing the value of the land can be a long process.

How would a sale be funded?

Public funding would provide the lion’s share of the selling price. Morris County has allocated $5 million from its 2023 Open Space Trust Fund. Additionally, $4.1 million in federal funds through the Community Project Grant program has been secured by Rep. Mikie Sherrill and Sen. Cory Booker.. The state’s Green Acres program is well funded and the Borough of Madison has access to money from its own Open Space Fund.

Why is the Forest regionally significant?

The Forest has two glacial ponds, deep dells and 22 deer-fenced acres, along with some of the oldest trees in Morris County. The Hepburn Woods and the Zuck Arboretum have undergone a 15-year restoration under the leadership of Dr. Sara Webb. These deer-fenced areas now have a flourishing understory of native wildflowers and native trees that have created biodiverse habitats that are rare in New Jersey forests, and especially rare in forests within Morris County.

Why have seven Morris County towns passed resolutions to conserve the Forest?

Aquifer recharge and proximity to neighboring parks are two of the top reasons. The Forest provides integrated ecosystems and trails that add value to Giralda Farms Preserve, Loantaka Brook Reservation and the Great Swamp Wildlife Refuge.

How much are the 50+ acres worth?

This can only be determined by a professional appraisal.

How can the Forest be saved when a large house of worship was approved by the Planning Board?

When Drew sold the land where Alumni House stood, no rezoning was required. Plans for a mosque did not require variances, even for parking.

What kind of variances would be needed to develop the Forest?

The land is zoned for university use. It would need to be rezoned for residential development, at an agreed-upon density. In addition, Drew would need to secure a variance for impervious coverage on its remaining campus. Shade Tree and steep slope ordinances would need to be observed. Wetland protection would also come into play.

What kind of housing density has Drew proposed?

Drew has proposed high-density housing, despite the surrounding zoning for single-family housing. High-density housing increases the dollar value of the land for a developer.

Given all of the above, is it actually possible to save the Forest?

We believe a conservation sale is entirely possible with the continued leadership of the Borough and advocacy from residents. You can help with these simple steps:

• Talk to your neighbors.

• Invite friends to take a walk.

• Be positive.

• Thank Madison’s mayor and council for their tireless efforts.

• Write the Drew president and the trustees.