Classroom/Credit: hxdbzxy/Shutterstock.com

A legal battle between the school district and municipal government in Edison, triggered by classroom overcrowding, has prompted allegations of frivolous litigation.

The Edison Board of Education sued the township Zoning Board of Adjustment in Middlesex County Superior Court on May 9, seeking to overturn variances granted to an eight-unit housing complex. The school district resorted to litigation amid what it deems a crisis brought on by crowded school buildings that is made worse by new home construction in the town.

But the zoning board responded on Tuesday with allegations that the Board of Education lacks standing to bring the suit. The zoning board letter placed the Board of Education on notice of the intent to seek sanctions for frivolous litigation as well as attorney fees and costs pursuant to the Frivolous Lawsuits Statute.

The Board of Education is seeking to invalidate variances that the zoning board granted for the construction of two buildings, each consisting of four three-bedroom units, on April 30. The suit said the zoning board lacked a basis to grant a use variance for multifamily buildings in a zone where they are not permitted; for buildings that are 36 feet in height, in a zone with a maximum building height of 30 feet; and a side-yard setback variance. The zoning board's failure to provide testimony from a licensed professional architect provided an inadequate record for subsequent witnesses to rely on, the suit claims. Therefore, the zoning board's action was arbitrary, capricious  and unreasonable, and warrants invalidation by the court, according to the plaintiff.

The lawsuit also took issue with the developer's estimate that the eight housing units would generate only two additional school-aged children. That estimate is clearly a “miscalculation that would only add to the overcrowding issue,” the suit claims.

In addition, the school district's suit took issue with the failure of the township planner to advise the zoning board on “whether there were other viable alternatives for a less intensive residential development of the property.”

Bhavini Shah, an Edison attorney representing the zoning board, said they will seek sanctions if the Board of Education's claims are not withdrawn within 28 days. Shah said that the estimate that the eight new homes would account for only two school-age children was based on an accepted formula and not a subjective estimate. She added that the Board of Education's claim that the variance approval was arbitrary was belied by the fact that the zoning board listened to more than three hours of testimony from an assortment of witnesses, with significant dialogue between board members and experts.

Ramon Rivera of Scarinci & Hollenbeck in Lyndhurst, who represents the Board of Education, did not respond to a request for comment about the suit.