Kane Properties, LLC v. City of Hoboken

The matter before this Court relates to the claim of a property owner who successfully sought a use variance before the local Zoning Board, only to see that grant of relief reversed by the municipality’s governing body. Believing that the decision of the governing body was tainted because one of the municipal attorneys who participated in the governing body’s proceedings had represented the principal objector to the project before the Zoning Board, the property owner filed a complaint to commence an action in lieu of prerogative writs.

In that proceeding, the trial court agreed that the…