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.
