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Applicant says denial of tree-removal permit for 62 Pearson was unlawful; cites MLUL case law
Summary
Counsel for the property owner argued the May 12, 2026 denial of the tree-removal permit was ultra vires and unlawful, citing code sections and Berardo v. Jersey City to contend that the Historic Preservation Commission or a single official lacked authority to block issuance.
Corey Klein, attorney for Property Maintenance Group LLC, told the committee the denial of the tree-removal permit for 62 Pearson Road was "improper, ultravires, unlawful as well as arbitrary, capricious, and unreasonable" and urged the committee to overturn the denial. He outlined the subdivision history and said the developer had met conditions tied to the minor subdivision approval.
Klein cited ordinance provisions (as read into the record) and the Municipal Land Use Law (MLUL), and referenced Berardo v. City of Jersey City to argue that historic-preservation findings and denial powers must follow proper procedures and multi-member bodies rather than unilateral acts by single officials. He reserved rights to seek administrative or judicial review if the committee's action is adverse.
