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Judge: North Bergen Planning Board's actions "arbitrary, capricious and unreasonable"
On December 21, Hudson County Superior Court Judge Christine Farrington issued a summary judgment regarding the Galaxy's appeal of the North Bergen Planning Board approval of the controversial Appleview development - sending it back to the municpal board for review.
The judge ruled in favor of the Galaxy reversing the North Bergen Planning Board's previous approval citing what she referred to as "arbitrary", "capricious" and "unreasonable" actions taken by the North Bergen Planning Board, which essentially delegated it's own responsibility of ensuring the safety of the project to the developer - a major conflict of interest.
The Appleview development is a proposed 59-unit residential complex on River Road that has raised the ire of local residents due to its distance (20 ft) from a major TransCo pipeline that supplies natural gas to New York City. At issue is the safety of surrounding developments should the pipeline be accidentally disturbed during or after construction at the property, which requires drilling to remove sections of the Palisades. The development was approved in March by the North Bergen Planning Board despite protests from residents and expert testimony citing safety concerns.
Below is an excerpt of the judgement:
To read the entire judgement, click here.
For more information regarding the Appleview Development please visit: http://noappleview.yolasite.com/press.php
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