Piscitelli v. City of Garfield Zoning Board of Adjustment

The ethical mandate in N.J.S.A. 40A:9-22.5(d), prohibiting planning and zoning board members from hearing cases when cases of personal interest "might reasonably be expected to impair [their] objectivity or independence of judgment," was at the heart of this appeal. The Conte family filed an application to develop three lots in the City of Garfield. The issue raised was whether any members of the Garfield Zoning Board of Adjustment had a disqualifying conflict of interest because of the involvement of certain Conte family members in the Zoning Board proceedings. The Piscitellis objected to the development project and claimed that a conflict of interest barred Zoning Board members who were employed or had immediate family members employed by the Board of Education from hearing the application. The Piscitellis also contended that any members who were patients or who had immediate family members who were patients of the Contes also had a disqualifying conflict. No Zoning Board member disqualified himself or herself on conflict-of-interest grounds. The New Jersey Supreme Court reversed and remanded the case for further proceedings, namely for the trial court to make findings of whether any Zoning Board member had a disqualifying conflict of interest in hearing the application for site plan approval and variances in this case. View "Piscitelli v. City of Garfield Zoning Board of Adjustment" on Justia Law