HomeMy Public PortalAboutr 97:135No. 97-135 Date of Adoption APRIL 17~ 1997
RESOLUTION AUTHORIZING ENTERING INTO SETTLEMENT
OF UNITED BULK CARRIERS VS. BOROUGH OF CARTERET
AND ZONING BOARD OF ADJUSTMENT
WHEREAS, an application had been filed with the Zoning Board of Adjustment by
United Bulk Carriers seeking approval for proposed construction of two separate
billboard signs on property located within the Borough of Carteret and;
WHEREAS, the Zoning Board of Adjustment having heard and considered the
application and provisions submitted and the testimony at its regular public hearing
wherein the application was denied by subsequent written resolution #Z 96-5 and;
WHEREAS, United Bulk Carriers has instituted a Prerogative Writ suit against the
Borough of Carteret and the Zoning Board of Adjustment in the Superior Court of
New Jersey, Law Division, Middlesex County, Docket No. L 8208-96 claiming the
Zoning Board's actions to be arbitrary, capricious and unreasonable and in violation
of applicant's ~:onstitutionai rights and;
WHEREAS, a proposal to settle the litigation by way of dismissing the suit in
consideration of the Borough of Carteret creating and adopting an ordinance
permitting the construction of free standing billboards with the Borough of Carteret;
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED on this 17th day
of April, 1997, that the governing body of the Borough of Carteret hereby
authorizes its special designated counsel in the within matter, Joseph P. Schiappa,
Esq. to enter into a settlement of the within litigation as outlined above and;
It is hereby futher resolved that specific counsel, Joseph P. Schiappa, Esq., is further
authorized to prepare and submit to the governing body a proposed new ordinance
in accordance with the settlement agreement for their review and adoption.
Adopted this 17th day of April 1997 and certified
true copy of the original on April 18, 1997.
KATHLEEN M. BARNEY,
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
BIALOWARCZUK X FAZEKA$ X
DUPONT X FEINGOLD X
FAILACE X GUTOWSKI X
X - Indicate Vote A B - Absenl NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council . ~/ APRIL 17, 1997