Kane Properties, LLC v. City of Hoboken

Plaintiff Kane Properties, LLC contracted to purchase a piece of property in Hoboken zoned for industrial use. It applied for the necessary variances to construct a residential building. The Zoning Board granted the requested variances. The principal objector to plaintiff’s proposal, Skyline Condominimum Association, Inc. appealed to the Hoboken City Council. Before the hearing, Skyline’s attorney accepted an appointment as the City Council’s attorney. Plaintiff objected to the attorney’s participation in the appeal, and the attorney recused himself. Council reversed the zoning board’s decision. On appeal, Plaintiff argued that the attorney’s involvement in the Skyline appeal in spite of a conflict of interest had irreparably tainted the City Council’s decision. The trial court affirmed the City Council’s decision. Plaintiff then appealed to the Appellate Division. After applying an appearance-of-impropriety standard and finding a conflict of interest, the panel concluded that the attorney’s participation in the appeal tainted the City Council’s action. The matter was remanded to the City Council for a proceeding de novo. But Plaintiff filed a petition for certification to the Supreme Court, arguing that a remand back to the City Council was inappropriate. Upon review of the matter, the Supreme Court set aside the City Council’s decision because the Court found it was tainted by its new attorney’s conflict of interest.

Kane Properties, LLC v. City of Hoboken