A franchise ordinance before the Jersey City Municipal Council drew a lengthy exchange Monday as attorneys, the applicant and councilmembers debated whether to act while litigation over the underlying zoning approval is pending.

Anne Studholme, counsel for the Saffron Homeowners Association, told the caucus there is active litigation (docket HUDL322625) appealing the zoning board’s approval and recommended caution. Several councilmembers said community opposition remains strong and suggested delaying action to allow the appeal to proceed or to secure additional information.

The applicant’s representatives, including Charles Harrington, said the zoning board held five hearings, voted unanimously to approve the project and that the franchise and design details (including a 3.5-foot-high dining/restaurant platform and relocated bike racks) were vetted by planning and traffic staff. Harrington urged the council to act if it wished, noting the project can proceed at the applicant’s risk while litigation continues.

Council counsel advised caution, noting the zoning board (not the city) is the defendant in the litigation and that there are separate legal teams; some members urged the administration’s emailed guidance be heeded and recommended not voting on the item in caucus. No final action on the franchise ordinance was taken in caucus.