Greenbaum secured a significant win on behalf of developer Meridia Toms River 40 Urban Renewal when the Superior Court of New Jersey struck down the Township of Toms River’s attempt to repeal its downtown redevelopment plan.
Partner Steven G. Mlenak, co-chair of Greenbaum’s redevelopment & land use practice and lead attorney in the matter, successfully argued that the Township’s repeal effort was procedurally defective and legally unsupportable, citing multiple violations of New Jersey’s Municipal Land Use Law and Local Redevelopment and Housing Law. The court agreed, ruling that the Township had failed to satisfy required notice obligations, improperly disregarded a valid protest petition triggering a supermajority vote, and was tainted by conflicts of interest. The court declared the repeal ordinance void, restoring the redevelopment plan and allowing Meridia’s project, a two-building apartment complex, to proceed.
“The court's decision confirms that the Township's actions were legally unsupportable and that taxpayer money was wasted in an ill-conceived political agenda instead of serving the public interest,” Steve commented in an Asbury Park Press article about the matter.
The ruling was also covered in Jersey Shore Online, Patch, and Toms River Shorebeat.
