A Superior Court judge has dismissed with prejudice a lawsuit challenging the ballot language used in the Hopewell Borough water-system referendum, ending an attempt to block certification of the Nov. 4 vote and clearing the way for ballots to be counted as scheduled.
Judge Robert Anklowitz of Mercer County Superior Court issued the order on October 29, rejecting a complaint filed earlier this month by J. David Waldman, a retired attorney and Borough resident active in the Hopewell Borough Public Water Alliance that has been advocating for residents to vote no on the sale of the water system. The lawsuit alleged that the interpretive statement printed on the ballot was misleading and favored approval of the sale of the Borough’s municipal water system to New Jersey American Water.
Legal challenge dismissed
Waldman’s filing sought to prevent the referendum results from being certified unless the Borough revised the ballot language or added additional information. His complaint argued that the interpretive statement failed to meet the state’s neutrality standard by describing a “yes” vote as financially advantageous while portraying a “no” vote as costly.
Judge Anklowitz’s dismissal with prejudice permanently closes the case, preventing it from being refiled.
Borough response
Hopewell Borough Mayor Ryan Kennedy said the ruling affirms the Borough’s work and transparency in bringing the proposal to voters.
“Borough Council and our town’s professionals have spent the better part of two years working, studying and communicating with our community to provide a real alternative to the increasing costs of maintaining and modernizing our water system,” Kennedy said. “Judge Anklowitz’s thorough and well-reasoned decision to fully dismiss the recently filed legal challenge with prejudice is no surprise and confirms the validity of those diligent, thoughtful and tireless efforts. I am pleased that the attempt to keep our voters from the chance to make this decision on November 4 was fully rejected by the Court.”
Kennedy added that claims of bias or misrepresentation about the proposed sale were “completely without merit.”
“Yes… most users really will see lower costs,” he said. “Yes, the Borough will pay off debt and can save what we currently spend on principal and interest (for 2025 alone this was budgeted as $987,000). Yes, our proposed purchaser will invest at least $7 million in capital repairs over five years. And yes, upon closing on the sale, the ongoing concern with PFAS/PFOS will be addressed immediately by using water from the interconnection.”
Next steps for voters
The referendum asks whether the Borough should sell its municipal water system to New Jersey American Water for $6.4 million. Supporters say the sale would eliminate Borough debt, stabilize rates, and transfer regulatory costs to a larger utility. Opponents argue that it would permanently surrender local control and that other community-based options should be considered.
Early in-person voting continues through Sunday, November 2, and polls will be open at Borough Hall on Tuesday, November 4, from 6 a.m. to 8 p.m.
As of publication time, J. David Waldman did not respond to MercerMe’s request for comment.
