After months of waiting on the matter, the New Jersey Appellate Division has just scheduled oral arguments on the Lakewood Planning Board's appeal from Ocean County Superior Court Assignment Judge Francis Hodgson's ruling which overturned the Board's denial of jurisdiction in the matter.
Application SD 2511, filed under the name Yeshiva Chemdas Hatorah (but owned by Mr. Dachs) seeks approval to build a brand new residential development at the 17.5 acre parcel on the northeast corner of Cross Street and James Street with 125 duplex homes plus basement apartments.
That is 250 families, and approximately 500 cars.
This zoning district does not permit duplexes. However, as previously explained in a full background story here on FAA News, the developer is relying on a loophole ordinance the Township Committee adopted in 2018.
At their public hearing on the application, held in December 2022, the Planning Board delved deeply into the nuanced wording of the 2018 ordinance, ultimately determining that the application didn't comply with the 2018 ordinance and therefore they lacked jurisdiction to hear the new application for duplexes.
Subsequently, in February 2024, as previously reported here on FAA News, the developers of Yeshiva Chemdas Hatorah filed a lawsuit seeking to reverse the Board's denial.
As previously reported here on FAA News, back in October 2024, Judge Hodgson agreed with YCH Attorney John Doyle who focused heavily on a letter penned by Planning Board Administrator Ally Morris in April 2018 deeming the application administratively complete despite the Yeshiva ignoring her demand for proof of accreditation as required under the Planned Educational Campus ordinance.
"It is this Court’s conclusion that this supplemental review letter by Ms. Morris constitutes a certification that all checklist items were complied with," Judge Hodgson wrote.
As previously reported here on FAA News, back in November 2024, the Board filed an appeal from this ruling.
"Substantially, the application was never considered complete because the Planning Board issued a memorandum indicating that essential documents, additional information, and a revised site plan set were required from the plaintiffs after the plan review meeting took place and prior to the public hearing being scheduled," the appeal appeal brief asserts.
"Plaintiffs' application could never have been deemed complete, as their Planned Educational Campus lacks the required accreditation. Regardless of whether or not accreditation itself is technically listed in the checklist requirements for completeness, the fact remains that the application was not bona fide, as the applicant did not pursue it after being provided with a list of still-needed necessary items at the plan review meeting and lacked the necessary accreditation. Additionally, when the applicant’s representative Rabbi Pruzansky was invited to provide an explanation, he failed to attend the meeting," the brief adds.
After months of waiting for a hearing, the Appellate Division has just scheduled oral arguments to be held on Tuesday, September 16, 2025. A written decision will follow in the coming weeks and months.
The Board did not formally seek a stay Judge Hodgson's ruling during the pendency of this appeal, therefore the Board considered the site plan on its merits, and, as previously reported here on FAA News, back in March 2025 the Board overwhelmingly denied the site plan. As previously reported here on FAA News, back in June 2025 the developers filed a separate lawsuit seeking reversal of that denial. A case management conference is set to be held September 2, 2025. A trial date is expected to be scheduled at that conference.
Technically speaking, if the Appellate Division overturns Judge Hodgson's ruling and finds the Board does lack jurisdiction then the developer's attempts to toss the Board’s denial of the merits of the site plan should become moot.
Either way the legal battle over this highly contentious application is far from over.
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