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CITY OF HOBOKEN v. JERSEY CITY

789 A.2d 668 (2001)

347 N.J. Super. 279

CITY OF HOBOKEN, a municipal corporation, Plaintiff, v. CITY OF JERSEY CITY, Jersey City Planning Board, Jersey City Redevelopment Agency, Millennium Towers, L.L.C., and United Diversified, L.L.C., Defendants. Coalition for a Better Waterfront and Riverview Neighborhood Association, Inc., Plaintiffs, v. City of Jersey City, City of Jersey City Planning Board, Jersey City Redevelopment Agency, Millennium Towers, L.L.C., and United Diversified, L.L.C. Defendants.

Superior Court of New Jersey, Law Division, Civil Part. Hudson County.

Decided March 28, 2001.

Attorney(s) appearing for the Case

Hugh B. McCluskey, Asbury Park, for plaintiff, City of Hoboken.

Michael A. Pane, Hightstown, for plaintiffs, Coalition for a Better Waterfront and Riverview Neighborhood Association, Inc.

Richard W. Wedinger for defendant, City of Jersey City, Barry, McTiernan & Moore, Jersey City, attorneys.

William J. Netchert, Jersey City, for defendant, Jersey City Planning Board, Netchert, Dineen & Hillmann, attorneys.

Francis E. Schiller, Jersey City, for defendant, Jersey City Redevelopment Agency, Schiller, Squeo & Hartnett, attorneys.

John O'Donnell, West Orange, for defendants, Millennium Towers, L.L.C. and United Diversified, L.L.C., O'Donnell, Kennedy, Vespole & Piechta, attorneys.

FUENTES, J.S.C.

This matter comes before the court by way of plaintiffs' motion for summary judgment seeking a declaration from this court that the actions taken by defendant Jersey City Planning Board on May 9, 2000 and June 20, 2000 were ultra vires, without any legal force or effect because the term of office of five of its members had expired long before the two dates in question. Plaintiffs also allege that a...

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