Planning Board of Leonia v. Borough Council of Leonia

STARK, J.S.C.

The within facts raise the previously unaddressed question of whether the Municipal Land Use Law (MLUL) permits a municipal planning board to select an engineer of its choice notwithstanding governing body directives that the board utilize the municipal engineer’s services.

The record reflects the following uncontroverted material facts. On January 1, 1987 defendant Leonia Borough Council (hereinafter council) voted to discontinue the services of Philip Kavanaugh of Boswell Engineering as the borough engineer. Kavanaugh had also acted as the plaintiff-planning board’s (hereinafter…