Our judicial program was created to protect the rights of all individuals.
In previous posts, we have referred to court decisions that disprove the old adage ?You can?t fight City Hall.?
One more such decision was recently rendered by the Law Division of the Superior Court.
Plaintiff owned lands which were zoned for Neighborhood Commercial use.? That zoning of plaintiff?s lands was consistent with a municipal master strategy, enacted following a two year study of land uses and visitors in the municipality,
Plaintiff submitted an application to the planning board to develop its lands for offices and a drive-through pharmacy in accordance with the zoning.
Neighbors objected at the planning board, and the matter was referred to the zoning board to figure out whether or not the pharmacy was a permitted use in the zone.? When the zoning board determined that it was, the neighbors petitioned the municipal council to rezone Plaintiff?s lands to Office Park.
In proceedings just before the planning board, the neighbors provided a traffic study.? Based on that, the planning board advised adoption of the zone change.? Inside 30 days, the zoning alter was adopted by the council.
YOU BE THE JUDGE: Can a municipality use a site visitors study provided by objecting neighbors to adopt a zone change and defeat an application for development?
The court found the zone alter to be invalid and unenforceable.? The court pointed out that neither the council nor the planning board had any independent evidence about visitors.? Neither had any expert testimony in support the proposed zone change.? Neither had received any evidence from a professional planner that a zone change furthered the municipal comprehensive strategy.
The court held that the master plan done a couple of years before was supported by a comprehensive factual investigation.? The master plan supported plaintiff?s proposal, not a change of zone.? In the absence of any comparable factual investigation, the court held the zone alter was arbitrary and capricious and amounted to inverse spot zoning of plaintiff?s property.
The choice points out that a courtroom can bring justice and could be the only way to protect your rights. We know courtrooms we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or present a ?second opinion? about your pending lawsuit. There is no obligation for the initial consultation.
The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and company interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate circumstances, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you require assistance with enterprise or corporate formation and operations, or you seek legal guidance about insurance defense, arbitrations, wrongful termination, discrimination, personal injury, environmental problems, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive encounter, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm?s highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal experts are always there to help you.
Source: http://www.ccjer.org/if-you-need-municipal-approval-to-develop-your-property.html
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