(Cherry Hill, N.J.) – Township Council has been dismissed from the Haddonfield Lumber litigation.
At a hearing in Superior Court Thursday morning, Judge Faustino J. Fernandez-Vina granted the Township’s motion to dismiss Council from an appeal challenging land use variances granted at the former Haddonfield Lumber site on Brace Road.
In her arguments on behalf of Council, Deputy Solicitor Erin Gill argued that Plaintiff’s Complaint did not challenge actions taken by the Council and, therefore, Council’s inclusion in the litigation served absolutely no purpose. Lynda Yamamoto, counsel for the Plaintiffs, opposed Council’s dismissal from the case, but simultaneously asked the Judge for time to amend their complaint and add the Zoning Board as a “necessary party.” Gill argued in response that if the Zoning Board was a necessary party, then Council was not, and should be dismissed.
Judge Fernandez-Vina granted Plaintiffs’ request to amend their Complaint to add the Zoning Board, but dismissed Council in its entirety from the action.