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Nutley Lumber appeals Prism campus approval; board counsel says record will determine outcome
Summary
Nutley Lumber filed a court challenge to the planning board’s approval of the Prism innovation-center project; board counsel said answers were filed and case-management dates are set for record exchanges and briefs, and he expects the board’s decision to be sustained though the matter remains before the court.
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Board counsel updated members that Nutley Lumber has filed a complaint in lieu of prerogative writs challenging the planning board’s approval of the Prism/innovation-center project. Counsel said answers were filed by the applicant and by township counsel on behalf of the planning board, a case-management conference has occurred, and the judge has set a schedule for exchanging the administrative record and briefing legal arguments.
Counsel told the board he believes the board performed its review properly and that, based on preliminary review, he expects the board’s decision will be sustained, but he emphasized the final outcome will depend on the judge’s review of the record. Counsel offered to circulate copies of the complaint and the answers to members who want them and said he will keep the board apprised as briefing and the record proceed.

