POWERHOUSE ARTS DISTRICT ASSOCIATION, ET AL. V.CITY
COUNCIL OF THE CITY OF JERSEY CITY, ET AL.
(A-4570-08T3) 05-17-10
In this action in lieu of prerogative writs, we hold that,
unlike a blight designation, a challenge to a redevelopment plan
amendment adopted by a municipal planning board and city council
(pursuant to the Local Redevelopment & Housing Law (LRHL),
N.J.S.A. 40A:12A-1 to -73), which is a discretionary act of
broader application, must be measured against an "abuse of
discretion," rather than "substantial evidence" standard of
review.
We also hold that industrial lots properly blighted years
earlier pursuant to the LRHL's predecessor statute may be
included under the plan without any further evaluation of
whether they remained in need of redevelopment.
Here, although the plan amendment was somewhat inconsistent
with the historic preservation element of the original plan
adopted only four years earlier, and with the master plan, the
proposal's other benefits outweighed its negative features and
was in the "public interest," so as not to render municipal
action either arbitrary, capricious or unreasonable
adequately reasoned and grounded in the record.
