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Lake Terrace's ongoing legal saga continues, as Sudler has just filed a 120 page lawsuit seeking to overturn the Lakewood Zoning Board's use variance approval which legalizes Lake Terrace's operations, FAA News has learned.
Lake Terrace has been embattled in litigation since November 2020 when their neighbor sued them for not having ever received Zoning Board approval for a banquet hall.
After an initial injunction hearing on the matter, on February 3, 2021, Ocean County Superior Court Judge Marlene Ford signed an Interim Order permitting Lake Terrace - pending the outcome of the lawsuit - to continue hosting weddings, but with certain restrictions including limiting the occupancy to 712 seated guests, barring any outdoor activities or events on the banquet hall property, and requiring all parking to be maintained on-site only.
Judge Ford signed this Order as a interim compromise to permit Lake Terrace to continue operating while the lawsuit continues, but with restraints.
After the neighbors returned to court alleging Lake Terrace was violating the court orders, Judge Ford added additional conditions including that no further outdoor events or gatherings of any sort at all take place outdoors within 1,000 feet of Lake Terrace and that they must hire "uniformed security guards, who are current or former law enforcement officers, employed by a professional businesses that provide traffic control or is otherwise experienced in traffic control" to enforce the parking restrictions.
In December 2021, Sudler filed a new lawsuit seeking to shut down Lake Terrace's concerts. Judge Ford immediately shut down all concerts until the venue receives Zoning Board approval.
Subsequently, Lake Terrace did submit a use variance application to the Zoning Board seeking to legalize banquets and restart concerts.
The Board scheduled a Special Meeting to hear this application back in October 2022. However, this meeting as well the next 3 scheduled meetings were canceled after Sudler profered various legal challenges.
In response, Lake Terrace ran back to court asking to be released from the interim orders.
Judge Francis Hodgson denied this request but did order Sudler to permit the Zoning Board to hold hearings on the application.
The Board's first public hearing was held on May 1, 2023.
Immediately after the hearing, Sudler filed a lawsuit seeking to invalidate the public hearing. The suit included an allegation that Chairman Abe Halberstam violated the Open Public Meetings Act by failing to open the meeting with the proper recital. Judge Hodgson permitted the Zoning Board to continue holding public hearings on the application by ruled that Sudler could bring back this legal challenge after the Board rules on the application.
Subsequently, Sudler demanded that board members Moshe Gleiberman and Mordy Gross recuse themselves from the application due to conflicts of interest. This dispute also landed in court. Judge Robert Brenner declined to adjudicate the matter, telling the parties that Gleiberman and Gross could choose whether or not to sit on the application and that Sudler can file suit after the Board approves the application on the basis that there was a conflict.
Eventually, after 14 months, in July 2024, the Board granted Use Variance approval to legalize the operations of weddings at Lake Terrace. The use variance only pertains to weddings and fundraising events up to 815 guests. Noting the heavy objections to the concerts which were previously held at the site, as well as the fatal shootings and stabbings that have occured at concerts, the operators of the site agreed to not resume concerts which have been shut down by court order since December 2021.
Sudler, represented by Attorney Rob Shea Esq. has just now filed a 120 page lawsuit seeking to overturn the Board's approval.
The suit includes 28 causes of action:
i) Conflict of Interest as to Mordy Gross
ii) Conflict of Interest as to Moshe Gleiberman
iii) Conflict of Interest as to Judah Ribiat
iv) Conflict of Interest as to the full Board
v) Conflict of Interest as to Moshe Lankry
vi) Corporate Disclosure
vii) Application
viii) Site Plan Application
ix) Public Notice
x) OPMA
xi) Due Process
xii) Engineering Testimony
xiii) Planning Testimony
xiv) Court Orders
xv) Off-site Parking
xvi) Parking Variance
xvii) Parking Lot D1 variance
xviii) Weddings and Outdoor Ceremonies D1 variance
xix) Weddings and Outdoor Ceremonies - particular suitability
xx) Community Events, Fundraisers, and Conferences D1 inherently beneficial use
xxi) Community Events, Fundraisers, and Conferences - particular suitability
xxii) Banquet Hall D1 inherently beneficial use
xxiii) Banquet Hall - particular suitability
xxiv) Expert Testimony
xxv) Design Waivers
xxvi) Preliminary and Final Site Plan
xxvii) Resolution
xxviii) Board Attorney
Lake Terrace and the Zoning Board have 35 days to answer the complaint.
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