Manalapan Realty v. Township Committee of the Township of Manalapan

658 A.2d 1230, 140 N.J. 366, 1995 N.J. LEXIS 255
CourtSupreme Court of New Jersey
DecidedJune 6, 1995
StatusPublished
Cited by2,421 cases

This text of 658 A.2d 1230 (Manalapan Realty v. Township Committee of the Township of Manalapan) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manalapan Realty v. Township Committee of the Township of Manalapan, 658 A.2d 1230, 140 N.J. 366, 1995 N.J. LEXIS 255 (N.J. 1995).

Opinions

The opinion of the Court was delivered by

COLEMAN, J.

This appeal requires us to determine whether two amendments to the Township of Manalapan’s (Township) zoning ordinance that exclude Home Depot U.S.A., Inc. (Home Depot) from Manalapan’s C-1 regional commercial shopping-center district are substantially consistent with the Township’s Master Plan (Master Plan). A majority in the Appellate Division, in an opinion published at 272 N.J.Super. 1, 639 A.2d 318 (App.Div.1994), held the amendments not arbitrary, capricious or unreasonable, and therefore substantially consistent with the Master Plan. We agree and affirm.

[372]*372I

A.

Before 1990, the Township created a C-l regional commercial shopping-center district through its zoning ordinance. The entire C-l district is comprised of approximately 100 acres divided into two tracts. The C-l district is bounded by Syms Road to the north, Craig Road to the south and U.S. Highway 9 to the east. Plaintiff Manalapan Realty, L.P. (Realty) is the owner of one of the two tracts consisting of approximately fifty-seven acres. Before October 1990, Realty built the Manalapan Mall on a portion of its property that contains approximately 186,000 square feet of commercial space.

On October 16, 1990, Realty submitted an application to the Township Planning Board (Board) for preliminary site-plan approval to expand its commercial-retail space to approximately 500,000 square feet and to rename the mall the Manalapan Epicenter (Epicenter). The proposed Epicenter included a number of anchor stores, one of which was to be a “home improvement center” operated by Home Depot. Home Depot engages in a form of merchandising known as “warehouse selling” or “warehouse format of selling.” This concept represents an expansion of traditional retail stores. Examples of warehouse selling stores are Toys “R” Us, Staples, an office supply store, and Shopper’s Food Warehouse, a warehouse approach to supermarkets.

When the application for site-plan approval was submitted, and at the time of the first public hearing on the application on May 9, 1991, the Manalapan Land Use and Development Ordinance (Manalapan Ordinance), § 130.94, permitted the following pertinent uses in a commercial shopping center:

(l)
(a) Retail stores, shops and markets.
(b) Personal services.
(c) Offices and business services.
(d) Banks and fiduciary institutions.
[373]*373(e) Indoor recreation facilities.
********
(2) Civic center uses____
(3) Temporary buildings____
(4) Farms.

One of the issues raised during the hearings before the Board on the site-plan application was whether Home Depot was a “retail store,” a permitted use under the ordinance, or a “warehouse,” a use not permitted under the ordinance. In addition, substantial public opposition to Home Depot as a proposed tenant in the Epicenter emerged. Off-site traffic and the nature of the Home Depot business were major concerns of the Board and members of the public as well. In an effort to resolve these and other concerns, Realty’s experts met with the Township Committee, the Board and their respective planning experts. Two members of the Board also served as members of the Township Committee. While the Board conducted hearings on the application, it was formulating simultaneously a master plan pursuant to N.J.S.A. 40:55D-28 to guide the projected growth in the Township through the year 2010. On June 13, 1991, the Board requested its professional planner to address the question whether a Home Depot is a permitted retail use in the C-l district. On June 27, 1991, the Board’s senior supervising planner,. Richard S. Cramer, advised the Board that Home Depot was a permitted retail store under the existing ordinance.

The Board conducted further public hearings on May 23 and July 18, 1991. After strong public opposition to Home Depot continued, the Township Committee adopted two amendments to the zoning ordinance on July 24,1991. The first amendment more specifically defined the meaning of retail stores, shops and markets as permitted uses in the C-l district. It provided:

(a) Retail stores, shops and markets including establishments engaged in the selling of paint, glass, wallpaper, or hardware items for household use, but not including any establishment engaged in the sale of lumber or building materials or storing, displaying, or selling materials outside a completely enclosed building.
[Manalapan Ordinance, § 130.94.]

[374]*374The second amendment added a subsection to define “building materials” as used in the amendment. It defined .“building materials” as:

[m]aterials that can be arranged, united or joined to construct a building or structure. Such materials include, but are not limited to, rough or dressed lumber, millwork, roofing, shingles, wallboard, molding, plywood, sheetrock, bricks, doors, windows, paneling, concrete block, tiles, cabinets or plumbing fixtures.
[Manalapan Ordinance, § 130.52.]

Both amendments were adopted after the Board, pursuant to N.J.S.A. 40:55D-26, found the proposed amendments to be substantially consistent with the Master Plan adopted shortly before the amendments were enacted.

B.

On September 11,1991, Realty filed its first complaint in lieu of prerogative writs challenging the validity of the amendments to the zoning ordinance. At the Board’s next meeting, on September 12,1991, the Board approved Realty’s site plan application without Home Depot as an anchor tenant. The Board’s resolution stated that after the zoning ordinance was amended during the pendency of the site-plan application, Realty modified its application to withdraw Home Depot as an anchor tenant. On October 1, 1991, Realty filed another complaint in lieu of prerogative writs challenging the Board’s failure to resolve whether Home Depot was a permitted use prior to the amendments to the ordinance.

The Appellate Division accurately described the disposition of the two complaints by the Law Division and the issues raised in the appeal:

The trial court consolidated these actions. Subsequently, it granted Home Depot leave to intervene as a plaintiff. After a six day bench trial, the trial court issued a written opinion [dated September 23,1992] which concluded that the amendment to Manalapan’s zoning ordinance was arbitrary and capricious and therefore invalid. The trial court also concluded that the proposed Home Depot store was a permitted use under Manalapan’s prior zoning ordinance, which was reinstated as a result of the invalidation of the amended ordinance. Consequently, the trial court vacated the paragraphs of the Board’s resolution which had left this question for later resolution in the event the ordinance were invalidated. Thereafter, Realty [375]*375and Home Depot filed motions to compel defendants to reimburse them for various litigation expenses. These motions were granted in part and denied in part.

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Bluebook (online)
658 A.2d 1230, 140 N.J. 366, 1995 N.J. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manalapan-realty-v-township-committee-of-the-township-of-manalapan-nj-1995.