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Borough of Union Beach Prevails in Wind Turbine Appeal

On August 10, 2012, the Appellate Division of the New Jersey Superior Court ruled in favor of a firm client, the Borough of Union Beach, reversing a decision of a Monmouth County trial court from April 2011. The specific issue on appeal in this litigation concerned a December 2010 decision by the Union Beach Planning Board that denied a land use application filed by the Bayshore Regional Sewerage Authority (“BRSA”) on the basis that a use variance was necessary from the Zoning Board of Adjustment. This application was part of BRSA’s proposed wind energy project that BRSA plans to construct at its facility in Union Beach. BRSA’s proposal is to construct a 380 foot wind turbine within approximately 1080 feet of residentially zoned property in Union Beach. The Borough and its residents have opposed this project from its inception. Lieberman Blecher & Sinkevich was hired by Union Beach as special counsel with regard to its continued opposition to this project.

The New York Times recently reported on Union Beach’s success before the Appellate Division. You can read the full report by visiting this link: Turbine Plans Hit Headwind.

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