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AHH 24-Hr. News

IMAGE Middletown Library Events - February 8-14, 2015
Saturday, 31 January 2015
Programs @ the library February 8th – 14th Passport to Reading Program continues.  Pick up a passport and list of activities at the Children's Desk. Each activity you complete earns one stamp in your passport. Six stamps earn you a ticket for... Read More...
AAA Mid-Atlantic: Super Bummed – Falling Fuel Prices Intercepted by Refinery Issues
Saturday, 31 January 2015
The Week After falling for a record 123 consecutive days, for a total savings of $1.31 per gallon, prices at the pump have changed direction slightly.  The national average price for regular unleaded gasoline ticked upward to $2.05 per gallon... Read More...
County Community Rating System Assistance Program Lauded
Saturday, 31 January 2015
Recognized by two national organizations FREEHOLD, NJ – Monmouth County’s Community Rating System (CRS) Assistance Program has been recognized by two national organizations, the U.S. Department of Commerce’s National Oceanic and Atmospheric... Read More...
Sunset Bridge Closed Friday, Jan. 30
Saturday, 31 January 2015
Bridge will remain closed through May 2016 ASBURY PARK, NJ – County Bridge O-10 on Sunset Avenue over Deal Lake was closed Friday and will remain closed through May 2016. “MonmouthCounty is replacing the bridge on Sunset Avenue that crosses over... Read More...
IMAGE Oceanic Bridge Maintenance Work to Begin Monday, Feb. 2
Friday, 30 January 2015
Photo: Oceanic Bridge. credit: goboatingnj.org   MIDDLETOWN, NJ – The Oceanic Bridge (S-31) over the NavesinkRiver will undergo repair work to the structural steel and concrete deck beginning on or about 9 a.m. Monday, Feb. 2. To complete the... Read More...

Columns

IMAGE SD Family Has Disability-Related Challenges
by Daniel J. Vance
Saturday, 31 January 2015
On Christmas Eve 2014, Tommi Mclaughlin of Spearfish, South Dakota, lost her balance because of multiple sclerosis (MS), fell over backwards near the... Read More...
IMAGE Observations on a MLK Celebration
by George Hancock-Stefan
Friday, 30 January 2015
On Monday, January 19, 2015 I went to a service honoring Martin Luther King, Jr. I went for multiple reasons. I went to honor a great American and... Read More...
IMAGE Worst Storm Ever? (What’s up widat?)
by Woody Zimmerman
Thursday, 29 January 2015
Somehow – no doubt largely due to the vigilance and timely warnings supplied by our political and media guardians – we have managed to survive... Read More...
IMAGE Review - Into The Woods
by David Prown
Wednesday, 28 January 2015
I saw the Broadway version of "Into the Woods" in the 80's with Bernadette Peters just a few days after I saw "Les Miserables" with the original... Read More...
IMAGE Protest This Super Bowl Commercial
by Anne Mikolay
Tuesday, 27 January 2015
Sunday, February 1, the New England Patriots will face off against the Seattle Seahawks in NFL Super Bowl XLIX. Football fans will tune in to see the... Read More...

HIGHLANDS, NJ - In a unanimous decision issued March 14, 2011, the New Jersey Appellate Division ruled that a controversial Highlands ordinance, which rezoned a small area of land to permit high-rise development, is invalid.  In December of 2007, despite staunch opposition from neighboring property owners, the Highlands Borough Council enacted Ordinance O-07-07 which authorized a high-rise, high-density residential development at the current site of the Shadow Lawn Mobile Home Park, which adjoins the Eastpointe condominium complex.  The invalidation of the ordinance has dealt a serious blow to Highlander Development Group, LLC, whose  17-month long application before the Highland Planning Board to build three ambitious 16-story complexes in the zone had been approved.   R. Armen McOmber, an attorney who practices with the firm of McOmber & McOmber, P.C. in Red Bank, successfully argued the appeal on behalf of a neighboring property owner.

The Appellate Division ruled the rezoning ordinance was invalid because the Borough Council “largely ignored” the findings and recommendations of the Planning Board when making its decision and that this “willful disregard” is contrary to New Jersey’s Municipal Land Use Law.  The Appellate Division refused to allow the Borough Council to remedy its misstep stating:  “Moreover, we believe that a remand to the governing body would be futile - a vain effort to backfill the missing acknowledgment, and we decline to order a do-over.”

“Thankfully, there are public minded citizens who when they believe that a municipality has done something wrong, are willing to step forward and challenge the actions of the municipality,” McOmber said.  “In this case, Mrs. Jennings was successful.  We were delighted to represent her throughout the entire proceedings and believe that ultimately the decision of the Appellate Division was right on point.”

Pauline Jennings, the Plaintiff in the matter, stated that “I am very happy that justice prevailed and that my position that the Borough Council erred in rushing through the adoption of the Ordinance was fully vindicated by the Appellate Division.”

 

READ APPELLATE DIVISION RULING