An explosive lawsuit has just been slammed against the Brick Township Zoning Board of Adjustment, alleging that the Board's denial of a variance application for a modest single-family home was rooted in anti-Semitic bias rather than legitimate zoning concerns, FAA News has learned.
The plaintiffs, two Orthodox Jewish property owners had sought approval to build a 1,700-square-foot home on their undersized, triangular lot on Pennsylvania Avenue. Despite expert testimony demonstrating compliance with zoning variance criteria, the Board ultimately rejected the application, citing concerns over lot size, traffic safety, and community impact.
However, the lawsuit argues that the Board’s decision was influenced by public opposition based on discriminatory attitudes. According to the complaint, several residents made statements during the hearing that appeared to target the applicants' religious identity, questioning "who" would be living there and suggesting the project would alter the "character of the neighborhood."
“The comments from the public, and ultimately the Board’s decision, were not based on legitimate land use concerns,” said Joseph Michelini, the attorney representing the Orthodox Jewish property owners. “The plaintiffs met all the legal criteria for a variance, yet their application was denied due to public pressure fueled by bias.”
The complaint further alleges that the Board ignored expert testimony from engineer and planner Joseph Kociuba, who confirmed that the property’s irregular shape made it impossible to develop a home without variances. The plaintiffs also note that the Board delayed issuing its formal denial for over two months, which the lawsuit characterizes as an attempt to justify its improper rejection of the application.
The complaint also raises concerns that the decision amounts to an act of "inverse condemnation," unlawfully depriving the plaintiffs of their property’s reasonable use.
The lawsuit seeks to overturn the denial and compel the Zoning Board to approve the variance, allowing construction to proceed.
As legal proceedings unfold, the case highlights ongoing tensions over religious discrimination in zoning decisions, particularly in areas with growing Orthodox Jewish communities. The Orthodox Jewish plaintiffs remain determined to fight for their right to build, arguing that no property owner should face exclusion based on faith or identity.
The Brick Township Zoning Board has not yet issued a public statement regarding the lawsuit which is pending in New Jersey Superior Court in Ocean County.
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