Mark J. Semeraro successfully defends and wins prerogative writ challenge to a 100 million dollar Hackensack re-development project

On August 13, 2014, Mark Semeraro secured an approval to develop a 14 story luxury apartment high-rise tower on behalf of 150-170 Main Street Hackensack, LLC from the City of Hackensack’s Planning Board.

Thereafter, a group of plaintiffs consisting of individuals and limited liability companies filed a complaint in lieu of prerogative writ seeking to invalidate that approval and challenging it on various grounds including, but not limited to alleging inconsistencies between the re-development plan applicable to the property and the City’s Master Plan.

Seeking the most expeditious resolution possible, Mr. Semeraro opted not to file an Answer as an initial pleading, but rather a Motion to dismiss the Complaint. That Motion was filed, briefed and successfully argued on January 15, 2015 dismissing the Complaint in its entirety with prejudice within 3 ½ months of its filing.

Extensive oral argument was had on a number of issues including, but not limited to, whether or not a motion to dismiss is appropriate in prerogative writ matters. Mr. Semeraro prevailed on each and every issue argued.

The court is in the process of entering the Order dismissing the complaint with prejudice which will enable this iconic project vital to the revitalization of the City of Hackensack, to move forward.

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