Our recent policy articles have asked this question. New Jersey Appleseed is currently involved in a case that is working it’s way through the NJ Court System whereby the answer to this question from a group of concerned citizens in Newark is a decided “no.”
To read the appeal of City of Newark’s Zoning Board of Adjustment’s 13th d(l) use variance for a parking lot at 28 McWhorter Street, filed by Renee Steinhagen on behalf of group of concerned citizens click here.
Written by Cheryl Fallick
On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-2375-11. Victor A. Afanador argued the cause for appellants/cross-respondents James Farina and City of Hoboken (Lite DePalma Greenberg, LLC, attorneys; Mr. Afanador, of counsel and on the briefs; Marissa L. Quigley, on the briefs).
Charles X. Gormally argued the cause for appellants/cross-respondents Mile Square Taxpayer Association 2009, Inc. and Gina DeNardo (Brach Eichler, L.L.C., attorneys; Mr. Gormally, of counsel and on the briefs; Sean A. Smith, on the briefs).
You can read the full ruling here