Mountain View car wash construction held up as court
mulls claim Planning Board lacked jurisdiction
By:Roger Alvarado
The fate of Mountain View Car Wash could be known as early as this month, according to attorneys representing Crown Car Wash and car wash developer Richard Grosso Jr.
Attorneys for Crown Car Wash were granted a stay in October by Judge Edith K. Payne, halting any further construction on the site of the Mountain View Car Wash pending an appeal before the Appellate Division of the Superior Court of New Jersey.
Mr. Grasso received Planning Board approval to build a car wash on Route 206, south of Mountain View Road.
In his appeal, Thomas W. Sharlow, attorney for the plaintiff in the case, Crown Car Wash located at Route 206 and Hamilton Road, argued that the Hillsborough Township Planning Board lacked the jurisdiction to hear the application.
Instead, Mr. Sharlow contended that the applicant should have gone before the Zoning Board of Adjustments.
The order named the township Planning Board and Mr. Grosso as defendants in the matter.
That appeal was heard by the court on Jan. 27.
"We had oral arguments including myself, the attorney for Mr. Grosso and the township’s Planning Board attorney last week," said Mr. Sharlow. "We went before a three-judge panel, and we hope to hear something within the next couple weeks."
Richard Schatzman, attorney for Mr. Grosso said he feels that in the end his client should prevail because he says that the plaintiff’s argument has "already been rejected by the lower court."
Mr. Schatzman says that typically the appellate court takes about a month to render an opinion.
"Last Tuesday they reserved their decision," he said. "They hear some 4,200 cases a year. Usually when they render their opinions it’s done all at once. I expect that maybe we have three weeks to go."
Mr. Schatzman has said that the reason the matter has been dragged through the courts is because Crown Car Wash does not want a competitor in town.
"All along they have been trying to stop us from building a car wash," Mr. Schatzman said in October. "They don’t think there’s enough room for two car washes."