Municipal Law, Land Use, Affordable Housing
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Case Details
Successfully obtained a complete reversal by the Appellate Division of two trial court orders that had ruled against Wayne Township and its Planning Board in affordable housing litigation, vacating findings of bad faith, breach of settlement, and awards of attorneys' fees and per diem penalties to the developer. The appellate decision affirmed the board's resolution requiring an elevator with ambulance stretcher access.
Additional Notes
The ruling overturned two decisions by a lower court that had nullified the Planning Board’s resolution and assessed tens of thousands of dollars in fines against the township. The Appellate Division vacated the trial court findings, concluding the evidence did not establish that the Township or Board acted in bad faith, that the Board improperly handled the adoption of resolutions approving the application with conditions, or that the Township or Board breached the settlement agreement.