The legal war between Lake Terrace and their industrial park neighbors continues to escalate with the New Jersey Appellate Division scheduled to hold oral arguments on the matter next week, FAA News has learned.
The heart of the litigation: Zoning Board Chairman Abe Halberstam's opening statement at the Board's public hearing on Lake Terrace's Use Variance application.
As previously reported here on FAA News, back in June 2023, 1650 Oak Street LLC, represented by Mr. Shea filed a lawsuit alleging that the Zoning Board's initial hearing on Lake Terrace's Use Variance appeal - as well as all of the Zoning Board's meetings of that year to date - failed to comply with the New Jersey Open Public Meetings Act (OPMA) and therefore all actions taken at the meetings should be null and void.
The first two counts alleged that the Board's Annual Notices from 2022 and 2023 failed to comply with the "adequate notice" as required by OPMA, and the Board is not permitted to meet to conduct official business until adequate notice has been provided to the public. Accordingly, all decisions, determinations, testimony, submitted exhibits, and all actions taken during the January 9, February 6, and May 1, 2023 hearings - which were noticed in the Board's "annual notice" - are null and void.
The third count of the lawsuit alleged that the Board Chairman failed to recite the Statutory language required by the OPMA at the opening of the public hearing.
As previously reported here on FAA News, at oral arguments held in October 2023, Ocean County Superior Court Judge Francis Hodgson dismissed without prejudice the first and second counts of the original complaint, finding that, a) the allegations are untimely as it is well past the 45 day time limit for such complaints, and; b) there is no allegation that there is any underlying fraud to benefit Lake Terrace. Additionally, "these things are minor, unintended, and not designed to stop anyone from coming to the meeting and objecting to the applications."
However, the third count of the complaint disturbed Judge Hodgson, and he said that this issue can be brought back in subsequent actions.
An unfazed Mr. Shea has appealed the ruling, arguing that "the Court should, as such, find that all action taken by the Board with respect to the KBS Application is ultra vires and voidable."
The Appellate Division will release a written ruling in the coming few months.
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