Judge Guida’s decision
Marriott Senior Living Services, Inc. Superior
Court of
A Delaware corporation authorized Law Division:
to do business in
Plaintiff,
Civil Action
vs.
Judgment and Order
BOARD OF ADJUSTMENT OF THE
CITY OF
OF
Defendants.
_______________________________
EAST HILL NEIGHBORHOOD
Defendant - Intervenor and Third
Party Plaintiff
vs.
Third- Party Defendant.
_______________________________
This matter having come on for
trial before the Honorable Robert E. Guida, J.S.C. on various trial dates, in
the presence of Elliot W. Urdang, Esq., attorney for Plaintiff, William F.
Rupp, Esq., attorney for defendant City, Stephen H. Roth, attorney for
defendant Board of Adjustment, and Lowenstein Sandler (Bruce D. Shoulson, Esq.,
appearing) for Intervenor, East Hill Neighborhood Alliance, and the Court
having considered the pleadings, proofs and arguments of counsel, and for the
reasons set forth in the Court’s written opinion dated June 19, 2001:
IT IS on this day of June 19, 2001, ADJUDGED that the granting of
the use variance by defendant Board, as set forth in its resolution dated
September 27, 1999, is hereby affirmed, but the conditions set forth in said
resolution reducing the building size to 42,000 square feet, reducing building
lengths to 160 feet and restricting deliveries and garbage pickup are hereby
excised and declared to be null and void; and it is
FURTHER ADJUDGED that
plaintiff’s claims against defendant City and defendant Board based upon
violations of the Fair Housing Amendments Act of 1988 are hereby dismissed; and it is
FURTHER ADJUDGED that the
Board’s approval of the subdivision and variances ancillary thereto is hereby
affirmed and the counterclaim and third-party complaint of Intervenor, East
Hill Neighborhood Alliance, is hereby dismissed; and it is
ORDERED, that this matter is
hereby remanded to defendant Board of Adjustment for site plan review and
completion of the subdivision process; and it is
FURTHER ORDERED that plaintiff
shall pay over to the Chief Financial Officer of the City of Englewood the
amount set forth in the invoices of Kenneth Albert and Richard Preiss for their
services in connection with the post-remand proceedings before the Board of
Adjustment only, which amount shall be held in escrow by him pending
plaintiff’s right to dispute said invoices in accordance with statute; and it
is
FURTHER ORDERED that no costs
will be assessed against any party.
________________________
Robert
R. Guida, J.S.C.
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