YMCA SUES BOROUGH OVER PLAN DENIAL
The Community YMCA says the zoning board rejection was capricious. (Photo by Dustin Racioppi; click to enlarge)
By DUSTIN RACIOPPI
As expected, the Community YMCA has filed a lawsuit against Red Bank’s zoning board for its decision to not allow the Y to nearly double the size of its Maple Avenue facility, putting the nonprofit at odds with the town on two legal fronts.
The suit, filed on May 18 in state Superior Court in Freehold, says that the board’s resolution denying the Y’s expansion plan “lacks a factual basis for its negative findings and provides nothing more that conclusions unsupported by fact or applicable land use law, ” and therefore makes the board’s decision unreasonable.
The Y is seeking to reverse the zoning board’s decision and win approval of the variance applications and site plan. It is also asking for compensation for the cost of the suit and whatever other relief the court deems just.