Borough of Union Beach appealed a declaratory judgment action, restraining enforcement of Union Beach Ordinance 2009–150 (the Ordinance), which was designed to regulate the construction of wind energy projects.
Bayshore Regional Sewerage Authority (BRSA), which intended to construct a wind turbine at its Borough of Union Beach water treatment plant, argued that the Ordinance was preempted by N.J.S.A. 40:55D–66.12(c) of the Municipal Land Use Law, N.J.S.A. 40:55D–1 to –163.
The appeals court sided with BRSA, affirming the injunction.