Prominent Jersey City real estate developer Mack-Cali Realty is suing to try and overturn an ordinance that has allowed food trucks to operate on Montgomery Street since August 15th.
By John Heinis/Hudson County View
” … The State Motor Vehicle Code delegates authority to municipalities in 15 discrete areas. Therefore, even if the Itinerant Food Trucks or Mobile Food Vendors do not fall with the scope of ‘parking,’ the newly created parking zone on Montgomery Street is contrary to several of the State limitations on delegation of traffic laws,” the lawsuit, filed in Hudson County Superior Court on Friday, says.
The lawsuit continues that no driver shall park a vehicle within 25 feet of the nearest crosswalk or side-line of a street, within 50 feet of a stop sign or within 50 feet of a fire hydrant, according to state law.
According to the suit, Zone 2 of the recently approved ordinance allows food trucks to park on the south side of Montgomery Street from Greene Street down to Hudson Street.
However, this zone violates all of the aforementioned New Jersey Motor Vehicle Codes, making it therefore contrary to state law and should be repealed.
Mack-Cali’s interest in the matter is due to the fact they own the property at 101 Montgomery St., the suit says.
Referring to this zoning as “illegal, arbitrary, capricious and contrary to law,” Mack-Cali is seeking to declare the ordinance null in void and unenforceable, along with such other relief as the court deems equitable and just.
Don Pepe, of Scarinci Hollenbeck, is representing Mack-Cali in the matter.
A city spokeswoman did not immediately return an email seeking comment, though the city’s policy is typically not to comment on ongoing litigation.