Appellate Court Affirms Walmart Approval
Originally Posted June 14, 2011
On June 13, 2011, the Superior Court of New Jersey, Appellate Division, released, and approved for publication,its decision in Shakoor Supermarkets, Inc. v. Old Bridge Township Planning Board (Docket No. A-3765-09T3). In that opinion the Appellate Division affirmed the rulings of the trial court which affirmed the decision of the Old Bridge Planning Board to grant preliminary and final major site plan approval, together with variances and waivers to a 230,000 square foot retail, restaurant and office complex in Old Bridge, Middlesex County, New Jersey That project included a 150,000 square foot Walmart and a 7,200 square foot garden center.
On appeal to the Appellate Division Shakoor argued that: the public notice given in relation to the Planning Board hearings was defective because it did not specifically mention Walmart; the project needed an additional variance because the Walmart building exceeded 150,000 square feet due to the adjacent garden center; and the Board improperly delegated authority to its professional consultants.
The Appellate Division rejected each of those contentions. First, the appellate court held that, by referring to a 150,000 square foot retail building, the public notice accurately informed the public of the scope of the project; therefore, specific reference to Walmart was not necessary. Second, the appellate court ruled that the garden center did not constitute a building because it did not have four walls and a roof and, therefore, a variance was not required because the developer did not propose to expand the retail building beyond 150,000 square feet. Third, the appellate court held that the review of plans by a board’s professional consultants to assure compliance with the directives of a board did not constitute an improper delegation of authority to approve a development project.
William J. Wolf of Bathgate, Wegener & Wolf, P.C. represented The Golf Center, Inc., which is the developer of the Walmart site. Inquiries regarding this significant appellate opinion and land use planning and development can be addressed to Mr. Wolf. Mr. Wolf not only represents developers in Middlesex, Monmouth and Ocean Counties but throughout the State of New Jersey.
Attorney credit(s):
William J. Wolf
On June 13, 2011, the Superior Court of New Jersey, Appellate Division, released, and approved for publication,its decision in Shakoor Supermarkets, Inc. v. Old Bridge Township Planning Board (Docket No. A-3765-09T3). In that opinion the Appellate Division affirmed the rulings of the trial court which affirmed the decision of the Old Bridge Planning Board to grant preliminary and final major site plan approval, together with variances and waivers to a 230,000 square foot retail, restaurant and office complex in Old Bridge, Middlesex County, New Jersey That project included a 150,000 square foot Walmart and a 7,200 square foot garden center.
On appeal to the Appellate Division Shakoor argued that: the public notice given in relation to the Planning Board hearings was defective because it did not specifically mention Walmart; the project needed an additional variance because the Walmart building exceeded 150,000 square feet due to the adjacent garden center; and the Board improperly delegated authority to its professional consultants.
The Appellate Division rejected each of those contentions. First, the appellate court held that, by referring to a 150,000 square foot retail building, the public notice accurately informed the public of the scope of the project; therefore, specific reference to Walmart was not necessary. Second, the appellate court ruled that the garden center did not constitute a building because it did not have four walls and a roof and, therefore, a variance was not required because the developer did not propose to expand the retail building beyond 150,000 square feet. Third, the appellate court held that the review of plans by a board’s professional consultants to assure compliance with the directives of a board did not constitute an improper delegation of authority to approve a development project.
William J. Wolf of Bathgate, Wegener & Wolf, P.C. represented The Golf Center, Inc., which is the developer of the Walmart site. Inquiries regarding this significant appellate opinion and land use planning and development can be addressed to Mr. Wolf. Mr. Wolf not only represents developers in Middlesex, Monmouth and Ocean Counties but throughout the State of New Jersey.
Attorney credit(s):
William J. Wolf
