Here is the scenario: A N.J. township approves a private construction project requiring many variances conditioned that the developer agree to abide by several other conditions mandated by the township in order to reduce the project's impact on the surrounding neighborhood. The developer fails to abide by one or more of those conditions, and said failure results in nearby properties being negatively impacted. The township subsequently reverses course and allows the development to proceed without enforcing all conditions of the development agreement.
Can the township be held liable? How about the developer? And what type of attorney should an aggrieved party contact?
This is an extremely fact sensitive matter. A plaintiff would need to have "standing" to bring the suite (meaning that they were directly impacted or damaged) but a suit might be possible against both the township and developer. Any suit against a municipality is complicated. You need to serve a Notice of Tort Claim pursuant to Titile 59. I suggest that you meet with an attorney who has experience handling construction suits. You may also want to seek out a plaintiff's attorney experienced with suing municipal entities. Regardless, you should look for a litigation attorney.
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