FREEHOLD — The Borough Council’s recent approval of a South Street catering business is being challenged in a legal complaint.
On June 22, Freehold Borough Mayor Nolan Higgins cast a tiebreaking vote that permitted a catering facility to operate in a building at 17-19 South St.
The mayor’s vote broke a 2-2 tie among council members and signaled approval for an applicant’s plan to provide valet service and 70 off-site parking spaces to guests of a new banquet hall.
The building is owned by Barry Fisher and the catering hall will be operated by Exquisite Caterers, Marlboro, and its owner, Dave Esquenazi.
However, the approval granted by municipal officials will not be the end of the story.
A legal complaint dated July 27, 2015, was filed in the Superior Court of New Jersey Law Division, Monmouth County, challenging the approval.
Attorney Edward Liston of Toms River is representing plaintiffs Robert Kash, Joseph Mosco, KMK Hospitality Inc. (Metropolitan Café); Steve Goldberg, American Hotel Holding Co. Inc. (American Hotel); Patsy Federici, Dave Federici, Mike Federici, John Federici and Sons Inc. (Federici’s); Mike Page, Ryan Jones, Tony Ciafordini, J&G Innkeepers Inc. (Court Jester); Piergiogio Ceciarelli, Solo Trattoria LLC (Solo Trattoria); and Jesus Lopez and Cubanissimo LLC (A Little Bit of Cuba Dos).
All of the plaintiffs operate businesses in downtown Freehold Borough.
The defendants in the action are Higgins and the Borough Council, Exquisite Caterers and 17-19 South Street Associates, Freehold.
The first count in the complaint states that the action of Higgins and the council in granting the application of Exquisite Caterers and 17-19 South Street Associates to operate a banquet/catering hall without providing any on-site parking was arbitrary, capricious, unreasonable, unlawful, ultra vires (beyond the powers) and constitutes a direct violation of the Freehold Center Core Redevelopment Plan.
The core redevelopment area is at the intersection of Main Street (Route 537), South Street (Route 79) and Throckmorton Street (Route 522) and bounded by Throckmorton Street to the west, Spring Street to the east, Broad/Lafayette streets to the north (including certain parcels north of Lafayette Street), and Mechanic/Hudson streets to the south.
The second count states that Higgins, in hearing and deciding the application of Exquisite Caterers and 17-19 South Street Associates, had a conflict of interest because he owns and operates a funeral home, Higgins Memorial Home, 20 Center St., which is within 200 feet of the Market Yard parking area.
The building that will house the catering hall borders the Market Yard.
Therefore, the complaint states, Higgins should have recused himself from hearing or voting on the application and his failure to do so renders his action and that of the council null and void.
The final count states that at the June 1 final hearing of the application, Higgins and the council adjourned to a private 15-minute meeting with counsel in a room directly off the dais. This action violates the Open Public Meeting Act and constitutes a direct and flagrant violation of the act, according to the complaint.
In addition to asking the court to overturn the council’s approval of the catering hall, the complaint also seeks the awarding of legal fees and costs of the action to the plaintiffs.
“The applicant has proposed a conforming use and is a contributor to new parking and to the continuing redevelopment of the borough,” said John Giunco, the attorney representing Exquisite Caterers.
Fisher said he would “stand up to this” legal action.
“What they are trying to do right now is wear me down. Whatever (business) I put into an 8,500- to 9,000-square-foot building will require parking. None of the opposition can tell me (what business) can go into Freehold Borough that will not need parking,” Fisher said.
Attempts to obtain a comment from Borough Attorney Kerry Higgins were unsuccessful.