| ICSC Legal Database - Cases | Monday, February 22, 1999 05:01 PM |
| Citation: |
| Anastasio v. West Orange Township Planning Board, 197 N.J. Super. 457, 484 A. 2d 1358 (1984). |
| Issue: |
| Whether members of local planning board are entitled to immunity in a civil rights action when the members |
| acted with malicious intent in delaying approval of a site plan application. |
| Facts: |
| This action stems from an application for site approval for the development of town houses. The initial application |
| was submitted to the Planning Board in May, 1979 and plaintiffs encountered a large number of delays, most of |
| which were mere delaying tact ics. The matter eventually reached the Superior Court which held that the |
| actions of the Planning Board were arbitrary and capricious and the Board was ordered to approve the site plan |
| application. This was accomplished in November, 1982 and the plaintiff s were still unable to proceed with their |
| plan, since the Board either directly or indirectly delayed the final signing of the site plan for thirteen months |
| until December, 1S83, when plaintiffs sold the land. Plaintiffs then brought this action against t he Planning |
| Board members alleging violations of the Civil Rights Act and the Municipal Land Use Act. |
| Holding: |
| The Superior Court held that members of the Township Planning Board were not entitled to qualified immunity |
| and that plaintiffs were entitled to compensatory damages, attorneys fees and punitive damages. It is apparent |
| that the defendants were not acting with sincerity and with the belief that they were doing right. They acted with |
| malicious intent which resulted in depriving plaintiffs of their rights. The central aim of the Civil Rights Act is to |
| provide protection to those persons wronged by the misuse of power by public authorities or members of a |
| 00131 - Legal Update - Winter 1984 |
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