TOWNSHIP OF FAIRFIELD VS. STATE OF NEW JERSEY
DEPARTMENT OF TRANSPORTATION
A-2390-13T1
In this appeal, the court considered whether the objection
by Fairfield to a private helistop through the denial of a use
variance by the Board of Adjustment should have precluded the
DOT from issuing a "Special Use License." The court held in
accord with the Supreme Court's decision in Garden State Farms,
the Department of Transportation (DOT) is tasked with the
ultimate authority as to the placement of aeronautical
facilities and, after consultation with Fairfield, the DOT gave
appropriate consideration to its objections, problems and
suggestions prior to issuance of the license. The court
concluded the decision was not arbitrary, capricious, nor
unreasonable.
Judge Fisher filed a concurring opinion.
No comments:
Post a Comment