December 17, 2008

Partner William F. Harrison and Associate Lisa A. John Win Superior Court Challenge of Planning Board Denial

On December 15, 2008, the Ocean County Superior Court issued a written opinion reversing a local Planning Board’s denial of a 497 lot subdivision application based on the legal argument set forth by Mr. Harrison and Ms. John challenging the denial.  On behalf of our client, our attorneys successfully overcame the standard of review that a local planning board’s action is presumptively correct.  Following a trial on the matter, the Court found that the Plaintiff sustained its burden of proof before the Board and the denial of Plaintiff’s application was arbitrary, capricious and an unreasonable exercise of the Planning Board’s discretion.  As a result, the Court reversed the denial and directed the Board to adopt a Resolution granting the subdivision application. Mr. Harrison and Ms. John are member of the Commercial Real Estate, Redevelopment & Environmental Law Practice Group and are based in the Newark, New Jersey office.