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Board member reports ongoing CFO litigation that may add Hillsdale as party; judge to decide
Summary
A board member updated the planning board that a plaintiff intends to bring Hillsdale into ongoing CFO litigation related to an application to open a road; the board was told a judge will decide whether the board must consider an application from a plaintiff not located in Hillsdale and that the case may be appealed.
A board member reported on litigation involving a CFO matter and said the plaintiff will bring Hillsdale into the case as a party defendant based on Hillsdale’s refusal to hear the applicant’s request to open a road. The report to the Township of Washington Planning Board on July 16, 2025 noted that the judge will decide whether the planning board must consider an application from a plaintiff who is not located in Hillsdale, and the speaker predicted the judge’s decision will likely be appealed.
Why it matters: Adding a municipality as a party and uncertainty about which applications the planning board must accept could prolong litigation and affect whether future development or access requests are heard by local bodies.
The speaker, identified in the record as Luke, said the plaintiff intends to add Hillsdale as a defendant and that the judge will rule on whether the planning board must consider the plaintiff’s application even though the plaintiff is not located in Hillsdale. Luke said, “It will likely be appealed and go on for many years. My prediction.” The board received this as an informational update; no formal action was taken.
