TOWNSHIP OF EAST GREENWICH VS. RONALD ZECK, JR. (L-1268-13, GLOUCESTER COUNTY AND STATEWIDE) ( 2017 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court."
Although it is posted on the internet, this opinion is binding only on the
parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-5423-15T2
TOWNSHIP OF EAST GREENWICH,
Plaintiff-Respondent,
v.
RONALD ZECK, JR.; ELAINE ZECK;
E&Z CONSTRUCTION, INC.; E&Z
CONSTRUCTION, LLC; NAR FARMS, LLC;
BEAZER HOMES CORPORATION; KINGS
LAKE, LLC; and ROBERT J. PACILLI,
jointly, severally, and in
the alternative,
Defendants,
and
BEZR HOMES, LLC,
Defendant-Appellant.
___________________________________
Submitted September 27, 2017 – Decided November 30, 2017
Before Judges Nugent and Currier.
On appeal from Superior Court of New Jersey,
Law Division, Gloucester County, Docket No.
L-1268-13.
Ware, Streitz & Thompson, attorneys for
appellant (Gary D. Thompson, on the brief).
Mark B. Shoemaker, attorney for respondent.
PER CURIAM
Plaintiff, the Township of East Greenwich, filed this action
to compel defendant BEZR Homes, LLC, its principal, and others,
to convey to the Township three lots, as required by the Township
Planning Board's resolution granting to BEZR's predecessor
preliminary and final major site plan approval for a cluster
development. BEZR does not seek to have the Board's approval of
the development application vacated. Rather, BEZR contends that
discussions between its principal and others acting on its behalf
on the one hand, and certain Township employees and representatives
on the other, made clear the conveyance of the three lots was
conditional, even though the conditions did not appear in the
Planning Board's resolution. BEZR insists plaintiff is estopped
from seeking the transfer.
Judge Jean B. McMaster granted summary judgment in favor of
plaintiff. We affirm, substantially for the reasons expressed by
Judge McMaster in her March 10, 2016 written opinion. We add only
this. Dispositive of the issues raised by BEZR are certain
fundamental tenets of municipal law: a public body may only
contract within its express or implied powers; generally, public
bodies "may only act by resolution or ordinance"; and, "those who
deal with a municipality are charged with notice of limitations
2 A-5423-15T2
imposed by law upon the exercise of [a municipal body's] power."
Kress v. La Villa, 335 N.J. Super. 400, 410 (App. Div. 2000)
(quoting Midtown Props., Inc. v. Twp. of Madison, 68 N.J. Super.
197, 208 (Law Div. 1961)), certif. denied, 168 N.J. 289 (2001).
BEZR's arguments represent the antithesis of these principles.
BEZR's arguments are without sufficient merit to warrant
further discussion. R. 2:11-3(e)(1)(E).
Affirmed.
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