A Superior Court judge has denied Leisure Village Association’s request for summary judgment, allowing its lawsuit challenging a controversial Lakewood Planning Board approval for a 28-unit residential development to continue.
LAKEWOOD, N.J. — A Superior Court judge has denied a motion for summary judgment filed by the Leisure Village Association, keeping alive a legal battle over the Lakewood Planning Board‘s approval of a proposed 28-unit residential development by Broad Estate LLC.
Judge Francis Hodgson denied the association’s motion for summary judgment on April 24, meaning the case will proceed rather than being resolved in the association’s favor before trial. The order follows briefing by all parties, including opposition from the Lakewood Planning Board and replies filed by the association.
Development approval remains under challenge
The lawsuit seeks to overturn the Planning Board’s approval of Broad Estate LLC’s application to subdivide three vacant lots into 14 lots for the construction of 28 duplex units in Lakewood’s B-5A zoning district.
Leisure Village argues the Planning Board exceeded its authority by approving a zero-lot-line residential development in a zone where such developments are not permitted under township ordinances. The association also contends the proposal should have required a use variance from the Zoning Board of Adjustment rather than approval by the Planning Board.
Environmental and infrastructure concerns remain central
Beyond zoning issues, the association alleges the development raises unresolved environmental and infrastructure concerns. According to the complaint, the proposed project involves wetlands where required environmental reviews, including a New Jersey Department of Environmental Protection Letter of Interpretation, had not been completed before approval.
The lawsuit also claims the proposed development’s elevation could create sewer backup risks for nearby Leisure Village properties and alleges the Planning Board acted arbitrarily by declining requests to table the application while those concerns were further evaluated. Broad Estate LLC and the Planning Board dispute the association’s claims through the ongoing litigation.
The denial of summary judgment does not resolve the merits of the case. Instead, it allows the lawsuit challenging the Planning Board’s approval to continue through the court process.
Key Points
- A judge denied Leisure Village Association’s motion for summary judgment in its lawsuit against the Lakewood Planning Board and Broad Estate LLC.
- The lawsuit challenges approval of a proposed 28-unit duplex development, alleging zoning, environmental and procedural violations.
- The case will continue after the court declined to resolve the dispute through summary judgment.
Related: Lakewood, Leisure Village, Lakewood Planning Board, Broad Estate LLC, Ocean County Superior Court
