Search Site
Menu
Read about a victory in a case opposing urban sprawl.

January 14, 2004

Judge overturns approval of Holland Twp. subdivision

By PAMELA SROKA
Staff Writer

HOLLAND TOWNSHIP – A state Superior Court judge has overturned the Planning board’s preliminary approval for a 90-acre subdivision of 15 homes on Shire Road.

Judge John Coyle, sitting in Warren County, ruled the original application by developer William Scopetto of Hunterdon Capital LLC was not complete. The court also ruled Friday that the Planning Board did not insist the developer prove that he met requirements for placing 3-acre lots in a protected 5-acre zone.

The ruling was a victory for the Friends of Holland Highlands, a citizens group, and the New Jersey chapter of the Sierra Club. Friends of Holland Highlands filed a lawsuit in January 2003 to throw out the preliminary approval, given in October 2002.

“Our Citizens group is very pleased that the court agreed that the Holland Township Planning Board treated us shabbily and violated their own ordinances in approving this inappropriate subdivision,” Michael Keady, president of the Friends of Holland HIghlands, said in a prepared statement.

“now the board will get a second chance to do the right thing and protect property,” Keady said.

Keady said the property includes a trout production stream and a state-designated protection area around a public well, which serves hundreds of residents and the township’s elementary school. The stream has received a state designation giving it the highest level of environmental sensitivity and protection.

The court also ordered the Planning Board to hold a public hearing, where Scopetto must offer proof his plan meets requirements for employing ‘lot averaging.” That would allow Scopetto to place 3-acre lots along the ridge of Musconetcong Mountain in return for creating a larger lot on which a suburban homeowner could partake in agriculture.

Coyle said he wanted a decision within 90 days on the issues remanded to the Planning Board.

Planning Board attorney Donald Morrow and Planning Board Chairman Michael Miller did not return phone calls for comment. Scopetto did not return repeated phone calls for comment.

Pamela Sroka can be reached at (908) 782-2300 or [email protected]

Copyright 2004 The Courier News

Our Attorneys

In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

    Read More
  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form