JUST IN: ATTORNEY ARGUES LAKEWOOD'S BANQUET HALL ORDINANCE IS VOID AS TOWNSHIP FAILED TO REORGANIZE PROPERLY


Attorney Rob Shea Esq., representing property owners in the Lakewood industrial park, is seeking to add additional complaints to his previously filed lawsuit which demands that the Court toss out the Township's banquet hall ordinance.


The additional counts involve violations of the New Jersey Open Public Meetings Act (OPMA) on the part of the Township Committee and Planning Board, resulting in the lack of jurisdiction for either party to have held any of the meetings at which the Ordinance was discussed and adopted.




As previously reported here on FAA News, following the Township Committee's adoption of the "banquet halls in schools" Ordinance, an industrial park property owner, represented by Attorney Shea filed a lawsuit seeking to stay and overturn the new ordinance.


The complaint contains 15 counts including allegations that the Committee members had conflicts of interests with personal or family connections to schools which would benefit from adoption of the Ordinance, and that the Planning Board failed to make a determination as to whether or not the proposed ordinance was consistent with the Master Plan, as they are Statutorily required to do.


The complaint also alleges that the Township Committee failed to provide personal notice to affected property owners before adopting the new ordinance, and that the Committee adopting the Ordinance by virtual meeting was illegal.


In addition to eventually overturning the ordinance, the lawsuit also sought to temporarily restrain the effect of the ordinance pending the outcome of the lawsuit.


As previously reported here on FAA News, back in March, Ocean County Superior Court Assignment Judge Francis Hodgson denied to grant temporary restraints. This means that the ordinance will remain in effect pending the outcome of the lawsuit.


Mr. Shea has now filed a Motion to Amend the Complaint, to add two additional counts as a basis for which he seeks to void the ordinance.


Count Sixteen argues that the Planning Board failed to Reorganize for the 2022 term and had no authority to conduct the November 15 and November 29, 2022 hearings.


NJSA 10:4-18 mandates that a public body must publish an annual notice of all public meetings for the coming year in two official newspapers with 7 days of their annual re-organization meeting.


The Planning Board voted on their 2022 calendar at the November 23, 2021 public meeting.


The annual notice for same was published in two newspapers on December 4 and December 7 of 2021.


The Planning Board held their 2022 re-organization hearing on January 4, 2022.


At the January 4, 2022 hearing, the Planning Board did not vote on or re-adopt the 2022 calendar.


The annual notice was never re-published within seven days of the January 4, 2022 re-organization hearing.


Wherefore, Plaintiff demands the entry of an order against Defendants:


1. Finding that the Planning Board failed to properly re-organize and adopt the annual meetings calendar for the 2022 term.
2. Finding that the November 15, 2022 and November 29, 2022 hearings were ultra vires and void as a matter of law.


Count seventeen argues that the Committee violated the Open Public Meetings Act, thus rendering the October 20, 2022 and December 8, 2022 hearings ultra vires.


NJSA 10:4-18 mandates that a public body must publish an annual notice of all public meetings for the coming year in two official newspapers with 7 days of their annual re-organization meeting.


Under NJSA 10:4-8, all meetings which are not contained within the annual notice must be noticed as special meetings, with said notices published in two official newspapers at least 48 hours prior to the meeting.


The Committee held their 2022 re-organization on January 3, 2022.


The resulting annual notice was published only in the Star Ledger on January 5, 2022.


Neither the October 20, 2022 meeting nor the December 8, 2022 meeting were noticed as special meetings.


As such the Committee had no authority to take any action at either meeting.


Wherefore, Plaintiff demands the entry of an order against Defendants:


1. Finding that the Committee failed to properly adopt and publish their 2022 annual notice
2. Finding that the October 20, 2022 and December 8, 2022 hearings were ultra vires and void as a matter of law.


The lawsuit seeks to invalidate the Amended Ordinance as well as to recover attorney fees and costs of suit and any other relief as the Court deems equitable and just.


"Pursuant to court rules, leave to file an Amended Complaint is to be freely given in the interests of justice," wrote Mr. Shea.


The motion is returnable before Judge Hodgson on June 9. The Township and Planning Board have not yet responded to the just filed motion.


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