10 A.3d 232
N.J. Super. Ct. App. Div.2011Background
- Price, a Union City resident, challenged the Board's approvals related to Hudson Heights' property at 37th Street.
- Hudson Heights sought to develop a multi-family project in a mixed residential zone, requiring variances.
- Initial Board approval in 2006 was for 96 units; no appeal was filed challenging that action.
- In 2006–2008, the Board approved a 48-unit plan; appellate relief reversed the Board's variance standard error, remanding for reconsideration.
- Hudson Heights obtained two one-year extensions on the 96-unit approvals, but took no further action on the 48-unit plan.
- In 2009, Hudson Heights sought major subdivision/site plan/variance for eight three-family homes; the Board approved but no permits were issued, and Hudson Heights later pursued the original 96-unit plan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Price is an aggrieved party with standing to appeal | Price was harmed by the Board's actions and sought to invalidate them. | Price had no aggrievement after final relief; no direct personal or pecuniary injury. | Appeal dismissed for lack of jurisdiction; plaintiff not aggrieved. |
| Whether an appeal lies from the Board's opinion rather than a judgment | Judgment should reflect the Board's rationale and acts. | Appeals lie from judgments, not opinions. | No appeal lies from the Board's opinion; jurisdiction lacking. |
Key Cases Cited
- Howard Sav. Inst. v. Peep, 34 N.J. 494 (1961) (only a party aggrieved may appeal from a judgment)
- Daly v. High Bridge Teachers' Ass'n, 242 N.J. Super. 12 (App. Div. 1990) (aggrievement requirement for appellate standing)
- Do-Wop Corp. v. City of Rahway, 168 N.J. 191 (2001) (appeal generally from judgments, not opinions)
- Heffner v. Jacobson, 100 N.J. 550 (1985) (jurisdictional limits on appellate review)
- Hughes v. Eisner, 8 N.J. 228 (1951) (principle that a party cannot appeal from non-aggrieving determination)
- Green v. Blackwell, 32 N.J. Eq. 768 (1880) (no appeal where no injury to redress)
- Janicky v. Point Bay Fuel, Inc., 410 N.J. Super. 203 (App. Div. 2009) (consent to entry of final judgment removes justiciable controversy)
- Popow v. Wink Assocs., 269 N.J. Super. 518 (App. Div. 1993) (litigant cannot appeal from a favorable portion of a judgment)
- Malhame v. Borough of Demarest, 174 N.J. Super. 28 (App. Div. 1980) (appealability when judgment favors the party)