PRESS RELEASE: Appellate Court Sides with Monroe in Legal Fight Against “Overreaching” Developer
Town Stops Overdevelopment on “Bald Eagle Property”
MONROE TOWNSHIP, N.J. – March 10, 2025 – A state appellate court upheld the Monroe Township Zoning Board’s 2019 decision to deny a developer’s application that would have added too many housing units to a parcel on Route 33. This project was part of state-mandated “round three” affordable housing.
On March 7, the appellate court reversed the decision of a trial court, likely putting an end to a six-year battle with a developer, CT07 SPII LLC and DT07 SPII LLC, which tried to overdevelop a 48-acre site with an unacceptable amount of high-density housing. The developer can still submit a plan to build on the property, but not at the same intensive level of housing the zoning board rejected as excessive.
“This is a victory for Monroe against an overreaching developer who refused to back down on a plan to wildly overdevelop land near an environmentally-sensitive area,” said Monroe Mayor Stephen Dalina. “This court decision serves as a message to other developers who think they can shoehorn as many housing units as possible in our town. We will fight for however long it takes to ensure our community is not taken advantage of.”
The Appellate Division ruled the Monroe Zoning Board conducted a fair hearing and made a reasonable and informed decision to deny the application. Moreover, it upheld that former Mayor Gerald Tamburro was exercising his free speech when he spoke out against the intensity of the proposed development.
In March 2019, the township zoning board denied the request by the devolper. Following a determination that the site contained the nesting area for a bald eagle, the developer was forced to restrict a significant portion of the property.
Instead of reconsidering the development or reducing its size and scope, the developer pursued a reckless plan that called for the same number of housing units on a much reduced portion of the site. Following a denial of the application, the developer sued Monroe Township, and specifically Tamburro, who had since passed away, and his estate, claiming to have been defamed by a public servant trying to protect his community.
“Mayor Tamburro correctly characterized this developer’s attempt to ‘jam-in’ this project adjacent to a bald eagle habitat and another housing development as ‘contrary to the public’s interest and previous approvals,’” Dalina said.
Monroe pursued the appeal after the developer convinced a Superior Court judge to approve the development and remove the Monroe Zoning Board from further input into the site plan application, appointing a special hearing officer. This moved the hearing out of Monroe, severely limited public participation, and ignored procedural safeguards included in the State’s Municipal Land Use Law.
“This case ensured the public’s right to be heard and the Township’s right to enforce its zoning ordinances Dalina said, expressing his appreciation to the appellate court and Township Attorney Lou Rainone and Zoning Board Attorney Peter Vignuolo, who successfully argued the case on the Township’s behalf.
If the developer heeded the concerns of the zoning board, Tamburro and the hundreds of other residents who voiced opposition, the number of units would have been reduced to a level appropriate for the site. Rather than spending time in court, the developer would have had the project completed by now, with residents living there. Instead, the development company must go back to the drawing board and submit a new plan, if it chooses to do so.
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All media inquiries may be directed to the Monroe Township’s Public Information Officer Stacey Kennedy at 732-521-4400 or