Riker Danzig Secures Dismissal on All Counts for Borough of Sayreville

Riker Danzig Secures Dismissal on All Counts for Borough of Sayreville
Sep 11, 2013

Riker Danzig secured the dismissal of all counts of a Complaint against the Firm’s client, the Borough of Sayreville, in a major rezoning case.  In July of 2011, residential developer Fulton’s Landing, Inc. filed a Complaint against the Borough of Sayreville, along with its Mayor, Council, and Planning Board, alleging that a Borough zoning ordinance that had re-zoned over 100 acres of the Plaintiff’s land from residential development to commercial development in 2011 was arbitrary, illegal, and in violation of the Plaintiff’s constitutional rights. The rezoning permitted the land to be used for only commercial purposes including professional offices, restaurants, or sports and health facilities. Fulton’s Landing’s Complaint asked that the zoning ordinance be labeled null and void, and that the Plaintiff be awarded monetary damages, as well as attorney’s fees.

In June 2013, the Middlesex County Superior Court granted the Borough’s Motion to Dismiss as to all but three counts of the Complaint.  While Fulton’s Landing moved for reconsideration of the Court’s Order, the Borough moved for Summary Judgment on the remaining Counts of the Complaint.  At a hearing held on September 9, the Court granted the Borough’s Motion for Summary Judgment to Dismiss the Remaining Counts of the Complaint and denied Plaintiff’s Motion for Reconsideration.  Consequently, Plaintiff’s entire case against the Borough has been dismissed.

Riker Danzig partner Marc D’Angiolillo, who headed the Riker Danzig team representing the Borough, Mayor, Council and Planning Board, notes the importance of the result in the case.   “We are pleased with the comprehensive and well-reasoned decision reached by the Court.  This is a significant victory for the Borough of Sayreville, which validates the sound planning and land use objectives by the Planning Board and the Mayor and Council.”