Davis & Associates, P.A. successfully defends the Town of Manalapan’s decision to grant dock variance.

Dock with birdLast month, the 15th Judicial Circuit Court, appellate division, found for the Town of Manalapan in Haase v. Town of Manalapan, thus marking a major victory for the Town in a year-long land use dispute. In this case, the Town successfully defended its decision to grant a variance to allow the landowner to build a dock longer than allowed by Town code.  The rationale for granting the variance focused on the mean water depth and the dock length necessary to reach a 3 foot average depth.  In this “first-tier” certiorari review, the appellate court reviewed the record and determined that (1) due process was afforded; (2) the Town Commission observed the essential requirements of law; and (3) the Town Commission’s decision was supported by competent, substantial evidence contained in the record.  The three-judge appellate panel issued a per curiam opinion denying the neighboring land owner’s petition for first-tier certiorari, review, demonstrating outright agreement with the Town on all parts of its decision to grant the variance.

Written by Admin