R.C. Shea & Assoc. Inside The Law Court Denies Reconsideration: Temporary Restraints To Remain On Lakewood Banquet Hall

By: Vinny DelRiccio, Esq. of R.C. Shea & Associates

35 Company founded in 1939 as Auto Avio Costruzioni

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On March 17, 2023, Judge Hodgson, of the Superior Court of New Jersey entered an order denying the Defendants’ in a contentious case request for the Court to reconsider three of its prior orders. The case itself involves the roughly 40,000 square foot Lake Terrace banquet hall in Lakewood, New Jersey, which to date, has operated allegedly without the requisite land use approvals. Specifically, the Complaint alleged the property was approved as a school with an accessory assembly hall in 2005 and received a Certificate of Occupancy for same in 2007. Plaintiff alleges that the school has since ceased operation and morphed into one of the largest banquet halls in Lakewood despite failing to obtain any further land use approvals. The order comes as a result of R.C. Shea and Associate’s successful opposition to Defendants’ Motion to Reconsider the prior Order of February 3, 2021, the Order of August 10, 2022, and the Order of August 26, 2022. The Court, in its February 3, 2021 Order, imposed restrictions on the use of the Lake Terrace property. The restrictions included: limiting events to a maximum of 700 patrons, prohibiting outdoor events, and mandating that all parking for events be limited to Lake Terrace’s own parking lot. These restrictions were reinforced and elaborated upon in the August 10, 2022 and August 26, 2022 Orders, which specified that no parking for Lake Terrace events should take place in other property owners’ parking lots, nor should it take place on the street.

The Court heard Oral Argument on the matter on March 17, 2023. R.C. Shea & Associates, on behalf of Plaintiffs, argued that the Court, under Judge Ford, had previously heard, considered, and properly ruled on all of the substantive issues which Defendants brought forth in their Motion for Reconsideration. Judge Hodgson agreed with Plaintiffs position and refused to reconsider the substantive restraints issued by Judge Ford in the prior orders.

If you are facing disruptions to your business as a result of a neighbor’s potential misuse of their property, please give the attorneys at R.C. Shea & Associates a call for a consultation. (732) 505-1212.