05-01-09 Steven Klug and Bruce Licausi v. Bridgewater Township
Planning Board, et al.
A-5176-06T1
Plaintiffs filed a complaint in lieu of prerogative writs
challenging the Bridgewater Township planning board's grant of
major subdivision approval to the applicants. During the
proceedings, the Township appointed the applicants' professional
planner as Township planner. The planner then recused herself
from further participation, except she wrote a memo outlining
certain planning issues and recommending certain conditions for
approval of the application.
The trial judge found that the Board had to approve the
application because it complied with all applicable zoning
ordinances and did not require a variance or waiver. However,
he also found that the planner had a conflict of interest.
Instead of requiring the application to begin anew, the judge
remanded for the Board's de novo reconsideration of the record
without reference to the memo or to an environmental impact
statement the planner had prepared prior to her appointment as
Township planner. Basedthis remedy appropriate.
