PRESS RELEASES, INTERVIEWS

Szaferman Lakind

PRESS RELEASE

Szaferman Lakind wins Favorable Appellate Court Decision
Allowing Construction of a Taco Bell in Trenton

(March 29,2007) Szaferman Lakind recently prevailed on an appeal before the Superior Court, Appellate Division, on an issue of first impression. Our client, JAT Properties, was a local developer of Taco Bell and similar franchises. Represented by Arnold Lakind, JAT received a use variance from the City of Trenton Board of Adjustment to construct and operate a restaurant with a drive thru lane on property adjoining the Sovereign Bank Arena. The property was located in the City designated Roebling Complex Redevelopment Area. The Roebling Complex Redevelopment Plan permitted restaurants but prohibited restaurants with drive thru lanes, such as our client's Taco Bell.

The City of Trenton Board of Adjustment granted approval of the variance to allow a drive thru lane, and the City Council affirmed. Seven local organizations, joined by an individual plaintiff, appealed, first to the Law Division and then to the Appellate Division, arguing, among other things, that a land use board could not grant a variance from the provisions of a redevelopment plan. A redevelopment plan differs from a zoning ordinance in a significant respect. The former is adopted pursuant to the Local Redevelopment and Housing Law. The latter is adopted pursuant to the New Jersey Municipal Land Use Law. Until the decision in our case, there had been no reported case which discussed whether or not a land use board could grant a variance from a redevelopment plan.

The Law Division affirmed the grant of the variance and plaintiffs then appealed to the Appellate Division. In a lengthy opinion, issued on March 19, 2007 and approved for publication, the Appellate Division affirmed the decision of the Law Division in all respects. In a decision of first impression, the Court held that a Board of Adjustment could grant a variance from a local redevelopment plan. In addition, the Court found that the record before the Trenton Board of Adjustment contained ample evidence to warrant grant of the variance.

#