JUST IN: VITO CARDINALE MAKES GOOD ON VOW TO SUE JACKSON TOWNSHIP FOR $120 MILLION AFTER COUNCIL VOTES TO BLOCK POSSIBLE DEVELOPMENT PLANS


Pictured is Vito F. Cardinale, president of Cardinale Enterprises. Photo credit Tanya Breen/ Asbury Park Press.


As previously reported here on FAA News, back in December 2024, the Jackson Township Council proudly voted to enact an ordinance to modify the Township's Highway Commercial Mixed-Use Zone (HCMU) zone.


Council President Jennifer Kuhn explained that the Adventure Crossing development already has approvals for 460 residential units as well as numerous commercial uses including hotels and medical and educational components; the property is now being marketed for sale as "perfect for 1,200 residential units," and the Council wanted to ensure that the promised commercial uses aren't changed into more residential apartments, thus the new Ordinance was created.


Vito Cardinale, the developer of Adventure Crossing voiced strong opposition to the ordinance, noting it targets only his project and vowed "to sue the Township for $120 million" if they adopt the ordinance.


Cardinale has just made good on his word.


Ocean Attorney Barry M. Capp, Esq., representing Jackson Crossing Associates 2, LLC has just slammed the Township with legal action asserting "the adoption of the Ordinance, and its application to Plaintiff, constitutes an unlawful and confiscatory taking of the Property without just compensation as it substantially restricts how Plaintiff can develop the Property to its financial detriment, in an amount of approximately $120 million dollars."


"The Ordinance was introduced, and subsequently adopted, at a time when the Planning Board was undergoing a complete reexamination of the Master Plan, which was questioned and dismissed during introduction of the Ordinance on October 8, 2024. Additionally, the development of the Property, which is specifically covered by the HCMU Ordinance, was specifically targeted for mixed use development in the Master Plan and 2020 Master Plan Update. 


"The Ordinance is arbitrary, capricious and unreasonable, as it does not contain a purpose and fails to clearly and unequivocally allow the applicant (the Plaintiff herein) to calculate the number of permitted residential units in the HCMU Zone as it contains no objective standards to measure residential density (the Ordinance language is “the maximum number of residential units…is four units per acre dedicated to residential use”), whereas the HCMU Ordinance, prior to the Ordinance being adopted, contained definitive language and objective standards (“the maximum number of dwelling units is four units per gross acre”). 


"In addition, the Township, by adopting the Ordinance thereby reducing the residential density on the Property, is eliminating affordable housing opportunities, which is contrary to and inconsistent with the 2025 fourth round, which imposes an obligation on the Township of 974 additional affordable housing units. 


"Furthermore, the Ordinance is inconsistent with density provisions contained in other Township zoning ordinances, which contain both gross and net maximum densities, which are empirical and easily calculable. 


"The arbitrary, capricious and unreasonable adoption of the Ordinance is further exemplified by the fact that all other zoning ordinances, which affect properties located in the Township, remain untouched and unaltered, while only the HCMU Zone requirements, located on the periphery of the Township adjacent to a County road and a State highway (and therefore, any traffic impacts being on the County road and State highway), and not in the proximity of Township residents, has been amended. 


"Additionally, the Ordinance applies to this Plaintiff and Property only, as the Property is the sole property in the HCMU district, and, depending upon how the Ordinance is likely to be interpreted, significantly reduces the residential density allowed for the development," the 3-count Complaint, filed in New Jersey Superior Court in Ocean County, charges.


The suit demands judgment:

A. Declaring that Defendants’ adoption of the Ordinance was arbitrary, capricious, and unreasonable and therefore the Ordinance must be set aside; 

B. Declaring Ordinance 33-24 void; 

C. Awarding compensatory damages; 

D. Awarding punitive damages; 

E. Awarding attorney’s fees; and

F. Awarding costs of suit.


The Township has 35 days to answer the lawsuit.


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3 comments:

Anonymous said...

Jackson Township is a lawyer deam!!!!!!!!!!

Anonymous said...

Adventure Crossing has submitted plans for about 1,100 housing units to the Jackson Zoning Board. The plans primarily has housing and 2 hotels. No ratable bonanza at Adventure Crossing. The plans have no parks, no community buildings, no EMT, Fire or police stations, no schools. Just negative cash flow housing.

ab said...

I'm confused, because last article said this was just a trick and this was already approved and doesn't apply. If so, why is he suing.