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Firm Successful in Defending Land Use Approvals at Trial

The Firm  successfully defended land use board approval of a hotel at trial.  In CT TR Holdings, LLC et als. v. Toms River Twp. Planning Board, et als. the firm successfully defended its client, the Toms River Township Planning Board’s approval of a land use application for site plan and variance approval for a hotel.

The court concluded at trial that the board considered and found substantial credible evidence to support the grant of the variances, that the benefits of the application substantially outweighed the detriments, and that the impact upon the residential neighborhood was insubstantial.  Therefore, the court affirmed the determination of the planning board and dismissed the complaint.

The case was argued by Gregory P. McGuckin and the briefs were prepared by Martin J. Buckley.

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Firm Victorious in Land Use Trial

The Firm recently won a land use challenge in Superior Court.  In Lakewood Realty Associates v. Lakewood Township Planning Board, et al. the Firm successfully defended its client, the Lakewood Township Planning Board’s land use approvals to an applicant for preliminary and final major site plan approvals and bulk variances.

The court found that the planning board properly considered the testimony at the hearing and weighed the positive and negative criteria required for variance approval.  The court also found that the board’s resolution of approval adequately set forth the legal and factual findings of the board in approving the application.  Therefore, the court affirmed the determination of the board and dismissed the complaint with prejudice.

The case was argued by Jerry J. Dasti and the briefs were prepared by Martin J. Buckley.