WASHINGTON COMMONS, LLC VS. CITY OF JERSEY CITY, ET AL
A-0779-09T1 11-12-10
We hold that a violation of a condition to a variance
constitutes a violation of the land use ordinance itself,
enforceable by the municipality by way of complaint for
injunctive relief, specific performance, or other appropriate
action.
Here, because Jersey City chose to enforce its Board of
Adjustment's resolution (requiring a developer to convey fee
simple title to seven affordable housing units to the City for
$1.00 each) via motion rather than complaint, we vacated the Law
Division's enforcement order. Should the City pursue the matter
further, given the developer's failure to identify any material
fact in the Board's resolution that remains unresolved, we
suggested that the matter may be disposed of in a summary
manner, Rule 4:67-1(b), with the filing of a complaint
accompanied by the appropriate request for relief. R. 4:67-2.
