Hughes v. Monmouth University

925 A.2d 741, 394 N.J. Super. 193 (2007)

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Hughes v. Monmouth University

New Jersey Superior Court, Appellate Division
925 A.2d 741, 394 N.J. Super. 193 (2007)

Facts

Monmouth University (defendant) applied to the Borough of West Long Branch Board of Adjustment (the board) for site-plan approval and the necessary zoning variances to build a student dormitory, which included a parking lot, tennis courts, and other amenities. The property was zoned for low-density residential use, though other dormitories and university buildings were available. Joseph Hughes (plaintiff), a neighborhood resident near the proposed dormitory site, objected to the university’s application. After a hearing, the board voted to approve the application. Hughes filed a lawsuit, alleging that several board members should have been disqualified from voting on the matter due to the board members’ involvement with the university. A New Jersey ethics law prohibited members of a board of adjustment from acting on a matter in which that member had a direct or indirect financial or personal involvement that might impair the board member’s objectivity. Specifically, several board members were alumni of the university, one board member’s child attended the university in the past, one board member’s company performed some work for the university over 10 years prior, and several board members attended university events, such as athletic events and fundraisers, all of which were open to the public. None of the board members or their family members attended the university at the time. The trial court affirmed the board’s decision. Hughes appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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