Judge Hodgson: The Lakewood Township Committee has deemed this project permitted. The Planning Board therefore has no authority to declare otherwise.
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 Ordinance 2018-35, 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. Attorneys Donna Jennings and John Doyle Esq. are representing the developers.
At trial held on Thursday afternoon, Judge Hodgson waived away Planning Board Attorney John J. Jackson III's objections and vehemently stated "I already ruled back in October 2024 that the Township Committee's adoption of Ordinance 2018-35 now requires the Planning Board to approve this application. They have no other choice."
"Your remedy is at the ballot box," Hodgson added.
The Board has filed an appeal of Judge Hodgson's October 2024 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 has not released their decision.
This legal standoff is therefore still far from over.
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2 comments:
aryeh weinstein and his teva company occupy three of the houses on this site whilst he rents out one of the houses to his ex- .
he is obviously the real property owner and dachs is just the money
this is ARYEH WEINSTEIN not YEHUDA DACHS
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