An applicant sought to subdivide a property into three new independent lots with variance relief pertaining to the dimensions of the rear portions of the proposed properties. Significant focus was placed upon flooding issues and expert testimony by multiple engineers and professional planners. Our Planning Board client conducted multiple hearings and approved the subject application with stipulations that would benefit the overall area in terms of eradication of water run-off and groundwater saturation. A property owner objector instituted an action in the Superior Court against the Board for its approval.
At trial, we successfully barred four experts offered by the plaintiff and established that the Board’s action actually created a result which benefited not only the subject property and proposed properties but the overall area of the community. Following trial all claims were found in favor of our defendant client.
