You be the Judge: Municipal Property Approval

If you need municipal approval to develop your property, this may interest you.

Our judicial system 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."

Another 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 plan, enacted after a two year study of land uses and traffic 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 determine whether 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 before the planning board, the neighbors provided a traffic study.  Based on that, the planning board recommended adoption of the zone change.  Within 30 days, the zoning change was adopted by the council.

YOU BE THE JUDGE: Can a municipality use a traffic study provided by objecting neighbors to adopt a zone change and defeat an application for development?

The court found the zone change to be invalid and unenforceable.  The court pointed out that neither the council nor the planning board had any independent evidence about traffic.  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 plan.

The court held that the master plan done a few 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 change was arbitrary and capricious and amounted to inverse spot zoning of plaintiff's property.

The decision points out that a courtroom can bring justice and may 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 provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.