Judge rules that Hoboken owes resident $173,730 to settle zoning dispute

Hudson County Superior Court Judge Jane L. Weiner ruled last month that the city owes a resident $173,730 to settle a zoning dispute, documents show.

By John Heinis/Hudson County View

“It was the decision of this Court that but for the actions of the Hoboken Defendants, Plaintiff would not have been forced to litigate this matter against a third party, namely Defendant 920 Park Ave., LLC. The Hoboken Defendants promised Plaintiff a stop-work order and a meaningful appeal. She was denied both,” Weiner ruled on September 3rd.

“Before her appeal was even heard, the Hoboken Defendants issued building permits without notice to Plaintiff. 920 Park Ave, LLC, then encroached on Plaintiff’s property causing damage. That matter was then required to be litigated … As such, the Court determined that the proper measure of damages was for the Hoboken Defendants to pay Plaintiff’s attorney’s fees generated as result of her litigation against Defendant 920 Park Ave, LLC.”

She continued that the court decided to reward $30,101 less than what was requested (which was $203,831), since that total figure includes fees incurred for Abby Turk’s appeal at the municipal level.

The order also notes that the motion was unopposed, with a proof hearing originally scheduled for March, but repeatedly delayed until May 20th.

That hearing was adjourned after the defendants requested an opportunity to object in writing, though they never filed one, according to the two-page ruling.

“On the day of the next hearing, July 1, 2024, counsel for the Municipal Defendants made a brief argument that the actions of the Hoboken Defendants did not harm Plaintiff. There was no objection to the hourly fee or rate requested by Plaintiff’s counsel. Further, this August 12, 2024, submission for attorney’s fees was unopposed,” Weiner wrote.

This decision was separate from a May 13th order where Weiner ruled that the city owed Turk $2,788 in attorney’s fees.

Turk filed suit in April, alleging that the Zoning Board of Adjustment and Zoning Officer Anne Holztman allowed construction at 920 Park Ave. to infringe upon her property next door, 918 Park Ave.

“The original ‘rogue’ construction (September – December of 2022) was executed with an appeal pending, when a stop-work order should have been put in place by the Zoning Officer, including significant, consequential construction not depicted on the originally permitted plans,” the lawsuit asserted.

“The new 2023 plans recklessly depicted, ‘as-built’ all of the rogue construction executed under the original permit (revoked) and original plans. This effectively swept under the rug all of the critical missing information on the original plans which has never been vetted or reviewed.”

As a result, she was seeking to reverse and vacate the zoning board’s approval of the
zoning officer’s issuance of the permits, declaring those permits null and void, and any other relief the court deems just and equitable.

City spokeswoman Marilyn Baer said they intend to appeal Weiner’s ruling, declining to comment on any specifics of the case.