The legal war between Lake Terrace and their industrial park neighbors continues to escalate. The heart of the litigation: Lakewood Zoning Board Chairman Abe Halberstam's opening statement at the Board's public hearing on Lake Terrace's Use Variance application.
The Open Public Meetings Act requires the land use board chairperson to open public meetings with a recital confirming that "adequate notice" of the meeting was provided. Pertinently, the recital is required to advise when and where the meeting notices were published.
At the Board's first public hearing on Lake Terrace's Use Variance application in May 2023, Chairman Halberstam stated only that the meeting "has been advertised in accordance with the New Jersey Sunshine Act," but didn't didn't recite when and where the statutory meeting notices were published.
As previously reported here on FAA News, back in June 2023, 1650 Oak Street LLC, represented by Rob Shea Esq. filed a lawsuit alleging that all of the Zoning Board's meetings of that year to date, including the initial hearing on Lake Terrace's Use Variance appeal failed to comply with the New Jersey Open Public Meetings Act (OPMA) and therefore all actions taken at their 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.
The third count of the lawsuit alleged that the Board Chairman failed to recite the Statutory language required by the OPMA.
As previously reported here on FAA News, at oral arguments held in October 2023, Ocean County Superior Court Assignment 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.
Mr. Shea 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 today issued a ruling affirming Judge Hodgson's dismissal of the challenges to the Board's annual notices, finding those challenges to be filed untimely.
The court however did permit Mr. Shea's challenge to Chairman Halberstam's opening OPMA recital to proceed in future litigation.
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