Case Against 3 New Schools Dismissed

JACKSON – A superior court judge recently dismissed a lawsuit involving a proposal to build a school campus that would accommodate more than 2,000 Orthodox Jewish female students. That project will move now move forward.

Superior Court Assignment Judge Francis R. Hodgson Jr. dismissed the complaint that was filed by a several neighbors near the site who argued that the township Planning Board had “palpably abused its discretionary authority” by approving a three-school campus on East Veterans Highway proposed by Bais Yaakov.

The project will include three schools and a fourth gymnasium building, which would service more than 2,300 female students from elementary school through high school.

Part of the plaintiffs’ argument was that the Jackson Planning Board had accepted incomplete testimony from expert witnesses for the school project. It was also claimed that the Planning Board permitted the school to build an insufficient number of parking spaces – preserving the space for future additional spots if needed or directed by the township after the schools opened – which would essentially serve as a variance, something not within the jurisdiction of that Board to issue.

Judge Hodgson didn’t agree and during a recent court hearing confirmed that such complaints had been appropriately heard by Board members during the proceedings, even the Board voted against their wishes.

He stated during the court proceeding, “to remand this matter to the board and further delay this matter for I don’t know how many years, I don’t think it’s appropriate, under these circumstances.”

The plaintiffs were represented by attorney Joseph Michelini who has stated that an appeal was already under consideration. He stated that Hodgson and the planning board focused on issues related to the project itself and had largely “ignored” the potential environmental implications surrounding the project.

A potential conflict issue may be the basis of an appeal. Hodgson had previously dismissed the plaintiffs’ counts against former Planning Board member Tzvi Herman. Herman attended a synagogue represented by Bais Yaakov’s attorney Donna Jennings, who represents numerous Orthodox applicants in Jackson.

Robert C. Shea II represents the Jackson Township Planning Board.

Bais Yaakov of Jackson officials said the campus was required due to the growth of the student body within the community. The school’s executive director, Rabbi Yosef Posen, testified before the Planning Board that more than 450 students were being bused from the township to attend Lakewood schools.

He said that the students should attend classes in Jackson as they were residents of the township.

Plantiff Jeff Bova told the board in March that everyone understood the need for additional schools.

“We all understand the town is growing and changing but it’s the ‘where’ that is the issue. this is just not the right ‘where’,” Bova said.