Murphy Schiller & Wilkes LLP (MSW) obtained a judgment granting approval for its client’s land use application for a multi-family residential development in the City of Orange, reversing the Planning Board’s denial of an application seeking Preliminary and Final Major Site Plan approval. The applicant proposed a 5-story building with parking on the ground floor level. The Planning Board denied the application, citing concerns over the scale of the project and potential problems with off-site parking.

MSW filed a prerogative writ action seeking to reverse the Planning Board’s decision and requesting that the Court approve the application. The Court agreed that the Planning Board acted in a manner that was “arbitrary and capricious,” and denied the application without legal or factual justification. The Court entered judgment approving the Site Plan application. By approving the Site Plan, the client can move forward with the permitting process without going back before the Planning Board.

The decision was a great win for the client, whose project was inappropriately delayed by the Planning Board’s actions. The Municipal Land Use Law intends to provide a level of certainly to developers who propose projects that are permitted and conforming with a municipal zoning ordinance. The Court’s decision upheld the client’s right to proceed.

MSW partner Chris Murphy and counsel Lisa Lomelo led the firm’s efforts, with Chris Murphy presenting the application before the Planning Board, and Lisa Lomelo arguing the prerogative writ action before the Court.

For more information, please reach out to:

Chris J. Murphy, Partner
Chair, Land Use, Zoning and Redevelopment
Phone: (973) 705-7421
Email: cmurphy@murphyllp.com

Lisa E. Lomelo, Esq.
Counsel, Land Use, Zoning and Redevelopment
Phone: (973) 750-4770
Email: llomelo@murphyllp.com