JUST IN: SENIORS SEEK EMERGENCY INJUNCTION OVER LAKEWOOD DEVELOPMENT



The Leisure Village Association, representing more than 2,400 senior households, has just filed a sweeping lawsuit to overturn the Lakewood Planning Board’s approval of a controversial residential development - and is now racing to court to stop construction before it begins, FAA News has learned.


The lawsuit, filed in Superior Court in Ocean County, by Attorney Gregory Vinogradsky, Esq. of Callahan & Fusco, LLC, directly challenges the Planning Board’s unanimous approval of developer Broad Estate LLC’s application to build 14 duplexes (28 residential units plus 28 basement apartments) on vacant land abutting the age-restricted Leisure Village community. The suit accuses the Board of acting outside its legal authority, ignoring zoning restrictions, and green-lighting a project that allegedly threatens environmental protections, public safety, and the quality of life of thousands of senior residents.


According to the complaint, the development was approved for a zero-lot-line duplex project in a B-5A zone, despite the Township Code expressly prohibiting that type of residential use in that zoning district. The lawsuit further alleges that the Planning Board pushed the application through without requiring the developer to obtain a use variance from the Zoning Board of Adjustment - an omission the plaintiffs call a fundamental jurisdictional defect.


The complaint also paints a troubling picture of environmental and infrastructure risks, alleging the site includes wetlands, lacks a required NJDEP Letter of Interpretation, and raises serious concerns about stormwater runoff and sewer backups into Leisure Village due to topographical differences. Residents and experts, the suit claims, repeatedly asked the Board to table the matter for further review - requests that were flatly denied.


The lawsuit seeks to have the Planning Board’s approval declared arbitrary, capricious, and unreasonable, vacated in its entirety, and remanded, while also requesting attorneys’ fees and costs.


Adding urgency to the case, the plaintiff has filed a motion for an Order to Show Cause, seeking immediate court intervention to enjoin the developer from taking any action on the Planning Board’s approval while the lawsuit proceeds. Superior Court Assignment Judge Francis Hodgson has just scheduled a hearing on the emergency injunction request for January 6, 2026, setting the stage for a dramatic early showdown.


If the court grants the temporary restraints sought in the Order to Show Cause, the developer could be frozen in place while the legality of the approval is litigated.


With construction pressure mounting, seniors demanding protection, and a judge poised to weigh emergency relief, all eyes now turn to January 6 - when this contentious development fight may hit its first decisive turning point.


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1 comment:

Anonymous said...

Thank you FAAnews
You are a valuable part of ocean county