August 10, 2012
New Jersey

Union Beach wins turbine appeal; Appellate decision states BRSA needs approval of boro planning board

BY KEITH HEUMILLER STAFF WRITER | Independent | 9 August 2012

The Appellate Division of New Jersey State Superior Court on Friday unanimously found in favor of Union Beach, blocking the Bayshore Regional Sewerage Authority (BRSA) from constructing a wind turbine without the approval of the borough.

As a result of the much-anticipated Aug. 10 decision, the BRSA will have to appear before the Union Beach Unified Planning Board before moving ahead with its plans to build the 380-foot industrial wind turbine in the borough.

Citing multiple previous court rulings as precedent, the decision overturns an earlier lower court decision which found in favor of the BRSA and granted the authority permission to build the turbine without receiving planning board approval.

“The reasoning undergirding the partial summary judgment granted in favor of BRSA is fundamentally flawed,” read the decision.

“We reverse and remand to the board of adjustment for consideration of the need for a variance.”

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