Attorneys representing Yeshiva Chemdas Hatorah have just filed their trial briefs in the case.
Application SD 2511, filed under the name Yeshiva Chemdas Hatorah (but owned by Yehuda 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 which permits applicants who previously filed a complete application for a planned educational campus to resubmit and apply for duplexes.
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 previously submitted planned educational campus application was never deemed complete, therefore the developer now lacks jurisdiction to reapply for duplexes.
As previously reported here on FAA News, back in October 2024, Ocean County Superior Court Assignment Judge Francis Hodgson overturned the Board's decision, agreeing with the developers that Board Administrator Ally Morris did deem the planned educational campus application complete (despite that Yeshiva Chemdas Hatorah never submitted proof of accreditation as required by the ordinance), therefore the Board did need to now consider the reapplication for duplexes.
As previously reported here on FAA News, at their public hearing held in March 2025, the Board steadfastly denied the merits of the application based on Board Member Bruce Stern's suggestion that although the current application is for duplexes and not for an educational campus, because the duplex application is a result of a "conversion" from the educational campus, the duplexes also need to be owned by a fully accredited and licensed not for profit institution of higher education, and because they are not, the Board has legal grounds to deny the application.
As previously reported here on FAA News, the developers in June 2025 filed a new lawsuit to continue their strong fight for this project.
In just filed trial briefs, Attorneys Donna Jennings and John Doyle Esq. argue:
The Board denied Plaintiffs’ fully-conforming Residential Application for unlawful reasons, as the subdivision design presented no legitimate issues that the Board could justify in its denial. Similarly, the Board unlawfully denied the Residential Application by citing to Plaintiffs’ conformance with the Ocean County standards, which, as discussed below, is not within the Board’s jurisdiction. Moreover, Plaintiffs’ Engineer / Planner’s expert testimony established that the application did not require any variances or design waivers and that the Board Engineer’s review letter confirmed his testimony. Additionally, Plaintiffs supplied the Board with all requested items, including a full environmental impact statement finding no environmental issues exist on the Property. Simply put, the Board spent the majority of the two hearings focusing on red herrings, such as whether the design conforms with the County’s standards, offsite traffic, and whether the Campus Application and Residential Application were “bona fide” despite the Law Division’s order requiring the board to consider the merits of the Residential Application.
In turn, the Board’s decision to deny the Residential Application was clearly arbitrary, capricious and unreasonable in concurrence with the expert testimony entered into the record.
The trial has been scheduled for Friday, December 5, 2025 at 2:00pm.
The Board has filed an appeal of Judge Hodgson's jurisdiction-based ruling. If the Board wins the jurisdiction-based appeal - any vacatur of their denial in Superior Court would likely be mooted by the Appellate Division's ruling.
The Appellate Division heard oral arguments on September 16, 2025. The big question which remains to be seen is whether or not the Appellate Division will release their decision prior to December 5.
Either way, this legal standoff is still far from over.
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