Text extracted via OCR from the original document. May contain errors from the scanning process.
The Court lacks jurisdiction over the subject matter of the action and Answering
Defendants reserve the right to move for dismissal of the Plaintiff Complaint.
The Court lacks personal jurisdiction over Answering Defendants.
The Plaintiff?s Complaint herein fails to state a claim upon which relief can be
granted and Answering Defendants reserve the right to move at or befOre the time of
trial to dismiss same.
The applicable law, rule, statute or regulation, including, but not limited to, the
Statute of Limitations, controlling or requiring the institution of suit within a certain
period of time following its accrual, was not complied with by the claimant and,
accordingly, the claimant?s claim is barred as a matter of law.
The Court lacks jurisdiction over the subject matter of this action and Answering
Defendants reserve the right to move for dismissal of the Plaintiff?s Complaint.
The Plaintiff is estopped from proceeding with this alleged cause of action.
- SEVENTH SEPARATE DEFENSE
Plaintiff?s actions are barred by the Doctrine of Unclean Hands.
Plaintiff participated in the hearings before the Defendant Planning Board and
has waived its right to complain about the approval as Plaintiff, through its
owner/ agent, indicated its acceptance and rati?cation of modi?cations and
accommodations made by Answering Defendants and the Defendant Planning Board for
the purpOse of satisfying the concerns ?of the Plaintiff.
The actions of the Defendant Planning Board were not arbitrary, capricious or
unreasonable.
Pursuant to. Rule 4:25-4, Richard D. Stanzione, Esquire, is hereby designated as
trial counsel for Answering Defendants in the above-captioned matter.
CERTIFICATION PURSUANT TO RULE 4:51
The undersigned hereby certi?es that this matter is not the subject of any other
action or of a pending arbitration proceeding, and no other action or arbitration
proceeding is contemplated. The undersigned hereby certi?es that he knoWs of no other
parties who should be joined in the action at this time.
The undersigned hereby certi?es that con?dential personal identi?ers have been
redacted from documents now submitted to the court and will be redacted from all
documents submitted in the future in accordance with ?le
I hereby certify that a copy of the within pleadings was served upon opposing
counsel within the time prescribed by Rule 416-1.
4
STANZIONE, DUNN 8: BECK, P.C.
Attorneys for Defendants, Saddy Family, LLC and
2-4?6?8 Boulevard, LLC -
WW
Dated: August 13, 2014
Family, LLC and 2-4-6-8 Boulevard, LLC at 315 adv. C.S. Bouievard Properties, LLC\P1eadings\Answer.docx
A New jersey b?z?z?ed liabz'iz'gy 0722135173):
143017296 at Law ..
P.0'Box1056 . . .
207 HooperAvenue
Tom; River, Newjemy 087541056 I
(732) 244-5900 - id- EL
EDWARD F. LISTON, JR. - FAX (732) 505-8948
Rule 1:40 Quali?ed Mediator
E?maii: . 4,3,3
Website.? wzuw.fzh'fazzlaw.rom
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inks?,
'1-?11
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?nu?n. a"
oms River, NJ 08754-1056
u: an. a
August 15, 2014
Honorable Vincent J. Grasso
Superior Court of New Jersey
Ocean County-Court House
P. 0. Box 2191
Toms River, NJ 08754-2191
RE: 08. Boulevard vs Borough of Seaside Heights, et a1
Docket No. PW
Dear Judge Grasso:
I am in receipt of your letter of August 13th scheduling a pretrial conference in the above
matter for September 18, 2014 at 9:00 am. I note that your letter is only addressed to the
undersigned as attorney for the Plaintiff and Guy Ryan, Esq. as attorney for the Seaside Heights
Planning Board. -
Please note that Richard Stanzione, Esq. represents the other Defendants in this matter,
Saddy Family, LLC and 2-4-6-?8 Boulevard, LLC. By copy of this letter directed to Mr.
Stanzione, I am copying him on your, letter of August 13, 2014
- WARD F. LISTON, JR.:
EFcham
Cc: Richard D. Stanzione, Esq.
Client
N.J.A.C.
. NEW JERSEY ADMINISTRATIVE CODE
Copyright 2014 by the New Jersey Office of Administrative Law
This file includes all Regulations adopted and pubiished through the
New Jersey Register, Vol. 46 No. 15, August 4, 2014
TITLE 7. ENVIRONMENTAL PROTECTION
CHAPTER 50. PINELANDS COMPREH ENSIVEMANAGEMENT PLAN
. SUBCHAPTER 6. MANAGEMENT PROGRAMS AND MINIMUM STANDARD
N.J.A.C. 750-653 (2014)
General limitations
Except as expressly authorized in this Plan, the extraction or mining of mineral
resources other than sand, gravel, clay and ilmenite is prohibited.
Nothing in this Part shall be construed to authorize resource extraction activities
.without receiving permits pursuant to this Plan or from complying with the standards
of this subchapter.
HISTORY:
Amended by R.1994 d.590, effective December 5, 1994.
See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a).
Pinelands--Municipa Land Use. P.-R. C'henoweth, 137 N.J.L.J. No. 18, 53 (1994).
CASE NOTES:
Requiring owner of property to register preexisting nonconforming use for sand and
grave! extraction did not violate due process. Uncle v. New Jersey Pinelands Com'n,
275 N.J.Super. 82, 645 A.2d 788 (A.D.1994).
Pinelands Protection Act and regulations superceded Municipal Land Use Law. Uncle
v. New Jersey Pinelands Com'n, 27S N.J.Super. 82, 645 A.2d 788 (A.D.1994).
710R COURT OF NEW
OCEAN VICINAGE
JUDGE VINCENT I. GRASSO 3's ?as Po. Box 2191
ASSIGNMENT JUDGE 3353};- TOMS RIVER, NJ. 08754-2191
MEMORANDUM
DATE: August 15, 2014 .
0mg .AUG 20 2014
TO: Craig L. Wellerson, P.J.C .P.
CHAMBERS OF
FROM: Vlncent J. Grasso, CRAIG L.
RE: C.S. Boulevard Pr0pe1ties, LLC vs Borough of Seaside Heights, et als
Docket No. 1890-14 PW
The above matter is being reassigned to you, for:
I Trial as to damages.
Management Purposes and Trial
The reason for the reassignment ofthis case is as follows:
1. Con?ict with Assignment Judge.
2. . Special assignment by case due to con?ict with Assignment Judge.
3. Reciprocal reassignment in response to forwardng of case due to con?ict or
assignment by case type.
4. Special assignment by Assignment Judge; case involves Jury Demand.
When answer for Saddy Family, LLC. 2-4?6-8 Boulevard, LLC was received,
. con?ict was noted. Judge Troncone has handled several prerogative writ cases
previously in which I had a con?ict.
26.6w
Vinc J. Grasso, A.J.S.C.
ATTN: Maria Obry
F. LISTON, JR., LLC 3
i A New jersey Limited Liability Company
Attorneys at Law
P. O. Box 1056
207 Hooper Avenue
Toms River, New jersey 08754-1056 .
(732) 244-5900 Please Reply to:
EDWARD F. LISTON, JR. FAX {732) 505-8948 . P.O. Box 1056
Rule 1:40 Qualified Mediator Toms River, NJ 08754?1056
E?moil: edword. liston@verizon. net
Website: more). Estonian). com
?September 8, 2014 ii if
Honorable Craig L. Wellerson,
Superior Court of New Jersey 9
Ocean County, Law Division
PO. Box 2191
Toms River, NJ 08754-2191 MEWPJE
RE: C.S. Properties, LLC vs Borough of Seaside Heights Planning Board Saddy
Family, LLC and 2468 Boulevard, LLC
Docket No. PW
Dear Judge Wellerson:
Please be advised that I represent the Plaintiff in the above referenced matter. It is my
understanding that the above referenced case has been referred to your Honor by Judge Grasso
and that the matter is scheduled for a Pro-trial Conference on September 18, 2014 at 9 am. .
Enclosed please ?nd an original and one (1) copy of Plaintiff? Pro?trial Memorandum for
your Honor?s review and consideration. -
Enclosures
Cc: Guy P. Ryan, Esquire
Richard D. Stanzione, Esquire
Client Via e-mail
Edward F. Liston, Jr., Esquire
ID No. 256911969
207 Hooper Avenue
PO. Box 1056
Seaside Heights, NJ 08754
(732) 244~5900
Attorneys for Plaintiff
a limited liability company of the State of LAW DIVISION: OCEAN COUNTY
New Jersey
Plaintiff, DOCKET NO. PW
vs. - I Civil Action
- SADDY FAMILY, LLC and -
2-4-6-8 BOULEVARD, LLC
Defendants
1. NATURE OF
Action in lieu of Prerogative Writs seeking to, reverse the approval of the Preliminary and
Final Site Plan Approval with Waivers sought by Defendants, Saddy Family, LLC and
Boulevard, LLC, to permit the constiuction of a bar, restaurant and lounge addition to the
existing building located at 302 Boulevard, Seaside Heights, New Jersey, declaring the
Resolution of May 27, 2014 to be null and void and setting aside said Resolution and the
Preliminary and Final Site Plan Approval which it purported to grant to Defendants, Saddy
Family, LLC and 2?4?6?8 Boulevard, LLC.
2 ADMISSIONS AND STIPULATIONS: None.
3/4. FACTUAL AND LEGAL CONTENTIONS: Annexed hereto.
5. - DAMAGES AND INJURY CLAIMS:
10.
11.
12.
13.
14.
- 15.
16.
17.
18.
19.
AMENDMENTS: None
Whether the approval granted to Defendants Saddy Family, LLC and 2-4-6u8 Boulevard,
LLC by Defendant, Seaside Heights Flaming Board was arbitrary, capricious,
unreasonable oppressive, unlawful and against the great weight of the evidence presented
to Defendant, Seaside Heights Planning Board at the hearings held by it on said
application.
LEGAL ISSUED ABANDONED: None.
EXHIBITS:
All exhibits annexed to'the Complaint and marked into evidence at the Seaside Heights
Planning Board hearings.
BRIEFS: As directed by the Court.
ORDER OF OPENING AND CLOSING: Usual order.
OTHER MATTERS AGREED UPON: None.
TRIAL COUNSEL: Edward F. Liston, Jr., Esquire.
ESTIMATED LENGTH OF TRIAL: One day.
OR TRIAL DATE: At the direction of the Court.
Matters agreed upon: None
COMPLETED.
PARTIES WHO HAVE NOT BEEN SERVED: None.
3 a 4. FACTUAL AND LEGAL CONTENTIONS
Defendants, Saddy?FaInily, LLC and 2468 Boulevard, LLC, are the owners of property
located at the southeast corner of Hamilton Avenue and Boulevard in the Borough of Seaside
Heights, County of Ocean and State of New Jersey, which premises are known as Block 4.01,
Lots the Borough of Seaside Heights. Plaintiff is the owner of
property located on the Boulevard in Seaside Heights, New Jersey within two hundred (200?)
feet of the property owned by Defendants, Saddy Family, LLC and 2-4-6-8 Boulevard, LLC
By written application Defendants, saddy Family, LLC and 2-4?6-8 Boulevard, LLC,
applied to the Seaside Heights Planning Board for Preliminary and Final Maj or Site Plan
Approval with Waivers pursuant to the applicable portions of the Land Use Development
Regulations of the Borough of Seaside Heights to construction a bar, restaurant and lounge -
consisting of an addition and expansion of the existing building with appurtenant facilities on the
subject property described above.
Defendant, Seaside Heights Planning Board, held public hearings on the application on
April 23, 2014 and May 28, 2014.
By Resolution adopted by Defendant Seaside Heights Planning Board on May 28, 2014,
which was published in the Asbury Park Press on June 6, 20l4, Defendant, Seaside Heights
Planning Board, granted to Defendants, Saddy Family, LLC and 2-4-6?8 Boulevard, LLC, the.
Preliminary and Final Maj or Site Plan approval with Waivers requested by them to permit the
construction of the bar, restaurant and lounge referred to aboVe on their property located at 302
Boulevard Seaside Heights, New Jersey.
The actions of Defendant, Seaside Heights Board of Adjustment, in granting the - l'
Preliminary and Final Maj or Site Plan Approval with Waivers Application of Defendants, Saddy
Family, LLC and 2-4-6-8 Boulevard, LLC, referred to above, were arbitrary, capricious,
unreasonable, oppressive, unlawful and against the great weight of the evidence presented to
Defendant, Seaside Heights Planning Board at the hearings held by it on said application.
DATED: September 8, 2014
Edward F. Liston, Jr., Esquire
ID No. 256911969
207 Hooper Avenue
PO. Box 1056.
Seaside Heights, NJ 08754
(732) 244-5900
Attorneys for Plaintiff
a limited liability company of the State of LAW DIVISION: OCEAN COUNTY
New Jersey .
Plaintiff, DOCKET NO. PW
vs. Civiletion
SADDY FAMILY, LLC and
2-4-6-8 BOULEVARD, LLC
Defendants
1. NATURE OF ACTION:
Action in lieu of Prerogative Writs seeking to reversethe approval of the Preliminary and
Final Site Plan Approval With Waivers sought by Defendants, Saddy Family, LLC and 2-4?6-8
Boulevard, LLC, to permit the construction of a bar, restaurant and lounge addition to the I
existing building located at 302 Boulevard, Seaside Heights, New Jersey, declaring the I
Resolution of May 27, 2014 to be null and void and setting aside said Resolution and the
Preliminary and Final Site Plan Approval which it purported to grant to Defendants, Saddy
Family, LLC and 2-4-6-8 Boulevard, LLC.
2 ADMISSIONS AND STIPULATIONS: None.
I 3/4. FACTUAL LEGAL CONTENTIONS: Annexed hereto.
5. DAMAGES AND INJURY CLAIMS:
- 10.
11.
12.
13.
14.
15.
16-.
17.
18.
19.
AMENDMENTS: None -
Whether the approval granted to Defendants Saddy Family, LLC and 2-4?-6-8 Boulevard,
LLC by Defendant, Seaside Heights Flaming Board was arbitrary, capricious,
unreasonable oppressive, unlaw?ll and against the great weight of the evidence presented
to Defendant, Seaside Heights Planning Board at the hearings held by it on said
application. I
None.
EXHIBITS:
All exhibits annexed to the Complaint and marked into evidence at the Seaside Heights
Planning Board hearings.
BRIEFS: As directed by the Court.
ORDER OF OPENINGAND CLOSING: Usual order.
None.
TRIAL COUNSEL: Edward F. Liston, Jr., Esquire.
ESTIMATED LENGTH OF TRIAL: One day.
WEEKLY CALL OR TRIAL DATE: At the direction of the Court.
Matters agreed upon: None
COMPLETED.
PARTIES WHO HAVE NOT BEEN. SERVED: None.
DATED: September 8, 2014
1.
3 a 4. FACTUAL LEGAL CONTENTIONS
Defendants, Saddy Family, LLC and 2468 Boulevard, LLC, are the owners of prOperty
located at the south-east corner of Hamilton Avenue and Boulevard in the Borough of Seaside
Heights, County of ocean and State of New Jersey, which premises are known as Block 4.01,
Lots the Borough of Seaside Heights. Plaintiff is the owner of
prOperty located on the Boulevard in Seaside Heights, New Jersey within two hundred (200?)
feet of the property owned by Defendants, Saddy Family, LLC 2-4-6-8 Boulevard, LLC
By written application Defendants, Saddy Family, LLC and 2-4-6-8 Boulevard, LLC,
applied to the Seaside Heights Planning Board for Preliminary-and Final Maj or Site Plan
Approval with Waivers pursuant to the applicable portions of the Land Use Development
Regulations of the Borough of Seaside Heights to construction a bar, restaurant and lounge
consisting of an addition and expansion of the existing building with appurtenant facilities on the
subject property described above.
Defendant, Seaside Heights Planning Board, held public hearings on the application on
April 23, 2014 and May 28, 2014.
ByResolution adopted Defendant Seaside Heights Planning Board on May 28, 2014,
I which was published in the Asbury Park Press on June 6, 2014, Defendant, Seaside Heights
Planning Board, granted to Defendants, Saddy Family, LLC and 2?4?6-8 Boulevard, LLC, the
Preliminary and inal Maj or Site Plan approval with Waivers requested by them to permit the
construction of the bar, restaurant and lounge referred to above on their property located at 302
Boulevard Seaside Heights, New Jersey.
The actions of Defendant, Seaside Heights Board of Adjustment, in granting the
I . .
Preliminary and Final Major Site Plan Approval with Waivers Application of Defendants, Saddy
Family, LLC and 2-4?6-8 Boulevard, LLC, referred to above, were arbitrary, capricious,
unreasbnable, oppressive, unlan and against the great weight of the evidence presented to
Defendant, Seaside Heights Planning Board at the hearings held by it on said application.
GPR:
COMPANY
GUY P. RYAN
September 15, 2014
Honorable Craig L. Wellerson, P.J.CV.
Superior Court of New Jersey
Ocean County Courthouse
120 Hooper Avenue
Toms River, NJ 08753
248-R WASHINGTON STREET
TOMS RIVER, 03753
Phone: (732) 341~7300
Fax: (732) 341-7600
Email: an 11 anlaw.com
Re: C.S. Boulevard Properties, LLC V. Borough of Seaside Heights Planning Board,-
et. a1.
Docket N0.:
Dear Judge Wellerson: I
I represent the defendant, Seaside Heights Planning Board in the above referenced'matterrif
Enclosed please ?nd an original and one copy of pretrial memorandum of the Planning Board in
anticipation of the pretrial conference scheduled before?Your Honor on September 18, 2014 at
9:00 am.
Enclosure
Richard Stanzione, Esq.
Ann Stabile, Board Secretary
SEP 15 2011
BERS 0F --
cma E?tiemneasou. are?
GUY P. RYAN, ESQ., Attorney ID. 028711990 I
LAW OFFICES OF GUY P. RYAN, LLC 1 5
248-R Washington Street
Toms River, New Jersey 08753 CHAMBERS OF
(732) 341-7300 GRAB WELLERSDN. Rim.
Attorneys for Defendant, Borough of Seaside Heights Planning Board
A limited liability company of the State of LAW DIVISION: OCEAN COUNTY
New Jersey .
Plaintiff(s),
DOCKET NO.:
v. .
And 2-4-6?8 BOULEVARD, LLC OF SEASIDE HEIGHTS
PLANNING BOARD
Defendants.
Defendant, Borough of Seaside Heights Planning Board hereby submits this pretrial
memorandum pursuant to R. I I
1. Nature of Action: Action in lieu of prerogative Writs ?led by CS. Boulevard
Properties, LLC seeking to reverse an approval granted by the Seaside Heights Planning board to
defendants, Saddy Family, LLC and 2?4?6-8 Boulevard, LLC granting preliminary and ?nal site plan
approval with waivers to permit the constructiOn of a bar and restaurant on an existing building
located at 302 Boulevard, Seaside Heights, New Jersey, and seeking to declare the Resolution of
May 27, 2014 null and void.
2. Admissions and Stipulations: None.
3/4. Factual and Legal Contentions: .Annexed hereto.
5. Damages and Iniurv Claims: Not applicable
1
6. Amendments to the Pleadings: None.
7 . Issues and Evidence Problems: Whether the action of the Seaside Heights Planning
Board in granting preliminary and ?nal site plan approval with waivers to defendants, Saddy Family
LLC and 2-4-6-8 Boulevard LLC, was arbitrary, capricious or unreasonable.
8. Legal Issues Abandoned: None.
9. Exhibits: All exhibits moved into evidence at the Seaside Heights Planning Board
hearings and all exhibits referenced in the Resolution of approval, to be supplied to the court by
plaintiff?s counsel.
10. Expert Witnesses: Not applicable.
11. m: As directed by the court.
12. Order of Opening and Closing: Usual.
13. Other Matters Agreed Upon bv Counsel: None.
14. Trial Counsel: Guy P. Ryan, Esq., for Seaside Heights Planning Board
15. Estimated Length of Trial: One half day I
16. Trial Date: At the direction of the court.
17. Attorneys for Parties conferred and Agreed Upon the Following Matters: None.
18. It Is Hereby Certified That All Pretrial Discovery Has Been Completed: No.
Plaintiff has not yet served the transcripts of the hearings before the Seaside Heights Planning Board.
19. Parties Who Have Not Been Served: None.
Parties Who Have Defaulted: None.
9
,1
RYEN, ESQ.
I Seas eights Planning Board Attorney
Dated: Cl! \h I -