The New Jersey Supreme Court’s opinion in Grabowsky v. Township of Montclair, 221 N.J. 536 (June 15, 2015), provides guidance for evaluating whether conflicts of interest exist when officials participate in governmental actions that might benefit the officials’ family or organizations in which the officials are involved, while reminding judges to avoid sua sponte summary dismissals.
The case arose out of a familiar fact pattern. Fountain Square proposed to build an assisted living facility in Montclair, on property that had previously been declared an area in need of redevelopment under the Local Housing and Redevelopment Law. It requested that Montclair’s township council adopt ordinances permitting a near variance-free site plan application. The council, after referral to the planning board, adopted ordinances amending the redevelopment plan as requested, except for the proposed height.
