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Saturday, November 19, 2011

KANE PROPERTIES, L.L.C. VS. CITY OF HOBOKKEN, ET AL. A-3903-10T4

KANE PROPERTIES, L.L.C. VS. CITY OF HOBOKKEN, ET AL.

A-3903-10T4 11-16-11

Plaintiff, a developer, obtained variance relief from the

Hoboken Board of Adjustment, but that relief was largely

overturned on the objector's appeal to the Hoboken City Council.

Shortly after the Board issued its decision granting the

variances, the objector's attorney became the Hoboken

Corporation Counsel. Despite having recused himself, the

attorney participated, albeit to a limited extent, in the appeal

proceedings before the Council. On the facts presented, we held

that even that limited degree of participation tainted the

Council's decision, requiring a remand to the Council and

reconsideration of the appeal ab initio.