Two Municipal Approvals Upheld By SH-LAW Attorney in Elizabeth, NJ
June 12, 2017
Congratulations to Scarinci Hollenbeck partner Patrick J. McNamara, counsel for the Elizabeth Planning Board, who played an integral role in successfully upholding two municipal approvals allowing construction of two apartment complexes in Elizabeth, New Jersey (“the City”). The site plan approvals granted to entities Engel Investments, LLC and Engel Gardens, LLC, were challenged on the basis that, inter alia, bulk variances were improperly granted. After two unsuccessful lower court challenges, the case was brought before the Appellate Division, which refused to disturb the municipal approvals. A two-judge appeal panel upheld both trial court rulings that affirmed the Board’s decision to approve the applications, finding that the Board’s decisions were not arbitrary, capricious, or unreasonable. Both projects will result in the demolition of antiquated or abandoned commercial and residential buildings, replacing them with new three-story buildings consisting of one and two bedroom apartments, thus helping provide new rental housing in the City.