Citing wrongful denial, Jersey Outdoor Media is taking Marlboro Township to court after the planning board denied its application in March on grounds of traffic concerns.
Planning Board attorney Michael Herbert announced at the June 6 meeting that the company is suing.
The application first became before the board in December 2011, and
The billboard, was proposed for a property of the Rt. 79 storage facility owned by Jason Beuge of Farmingdale and his brother.
Planning Board Vice Chairman Gerald Bergh and other board members raised concerns of traffic safety at Ryan Rd., which is proposed to be widened to accommodate turning traffic.
However, Bergh reminded members at the March meeting that the Planning Board cannot deny based on traffic conditions if an application that has met township conditions. A denial due to traffic safety or environmental concerns lies within the jurisdiction of the NJ Department of Transportation and the NJ Department of Environmental Protection.
The motion failed with a 4 to 1 vote in March, Bergh was the only member to approve the application.
A representative of Jersey Outdoor Media said the board has no grounds to deny an application based on traffic concerns, especially when safety studies have not been conducted in the area.
"To deny this application based on a subjective opinion...will result in the township incurring legal fees," he said at the March meeting when the application was denied.
Although the board announced the suit at its June 6 meeting, details are still under wraps as it moves forward.