From the NJ Herald:
Developer to sue for Wantage project
A Monmouth County developer is heading to court to seek approval to build 188 homes along Lower Unionville Road.
Three months after the township’s Land Use Board unanimously rejected the proposed project — and only a few days after that decision was memorialized — Farmingdale-based CJS Investments is suing the board and demanding that the decision be reversed.
The lawsuit represents the latest offensive in the ongoing legal wrangling between Wantage and CJS Investments, which originally sued the municipality last year to develop the vacant 52.8-acre parcel on Lower Unionville Road as a way of fulfilling the township’s state-mandated affordable housing obligations. Hearings on that lawsuit are expected to begin on Jan. 19.
The developer is arguing that the board’s Sept. 26 denial of its application was unlawful, because the project met all of the township’s existing zoning regulations and involved no requests for any exceptions, commonly known as variances or waivers. The Land Use Board memorialized its decision on Dec. 19, and the lawsuit was filed on Friday.
The board’s denial, according to the developer’s complaint, “is and continues to be an abuse of its discretionary authority in that the action taken was in all regards arbitrary, capricious or unreasonable, and otherwise wrongful.”
Land Use Board attorney Glenn Kienz did not return a call for comment Tuesday. Deputy Mayor Parker Space, who also sits on the board, declined to comment on the lawsuit and deferred all questions to Kienz.
“It’s a pretty big deal right now for Wantage Township,” Space said.
The argument made by CJS Investments does have a legal basis, said attorney Kevin Kelly of Kelly & Ward in Newton. Most “smart developers,” Kelly said, will submit applications designed to match all municipal regulations in order to ensure planning board approval.
“It’s well-established case law in New Jersey that an applicant that fully conforms to zoning and site plan ordinances is entitled to an approval,” Kelly said. “It all starts with the town, which is free to set any planning and zoning standards.”
Wantage is in Sussex County BTW.
I know Glenn and he quite formidable. I would bet he has something up his sleeve. BTW he edits the Municipal Land Use Law book that I use at work.
Kevin Kelly is one of the nicest people you will ever meet, and very professional, if he is weighing in that this application should be approved I bet there will be quite a fight up there next to Vernon.
I find it difficult to understand how and/or why the PB would put themselves in this position. If there are no variances or waivers requested, what’s the problem? There seems to be an undercurrent that the public cannot see; perhapse a personnal issues somewhere? We have a similar issue that we are dealing with right now and it is simply unacceptable.
Agreed with prior reply that we should all buy tickets to see the next round; it’s going to be a steel cage match.