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Board dismisses resident's appeal, says it lacks jurisdiction over Zoning Officer
Summary
The board dismissed Alia Jaludi's appeal challenging the Zoning Officer's enforcement decisions, with Board Attorney Thomas Randall advising the board it lacks authority to direct the Zoning Officer; dismissal was with prejudice and Jim Hodges recused from the vote.
The Westwood Zoning Board of Adjustment on June 1 dismissed an appeal filed by Alia Jaludi (185 Bergenline Avenue) seeking enforcement action against a neighboring property and an order to the Zoning Officer to issue a summons.
Board Attorney Thomas Randall advised the board that it did not have jurisdiction over the Zoning Officer and therefore could not grant the relief sought. Appellate counsel William R. Fenwick and Charles Robelli, representing respondents, argued there were no issues properly before the board. After legal discussion the board voted to dismiss the appeal with prejudice on a motion by Eric Oakes, seconded by Gary Conkling. Jim Hodges recused himself from the matter because of a disclosed business relationship.
The dismissal means the board will not order the Zoning Officer to issue a summons in this matter; the transcript and the board's ruling reflect the board's conclusion that enforcement actions against the Zoning Officer are outside its authority.
