Property owners’ sought review of township committee’s decision, adopting recommendation of Planning Board to deny property owners; deannexation petition, seeking to annex their small community to a neighboring borough.
The Superior Court granted property owners’ motion for summary judgment in part, and denied the motion in part. Property owners appealed.
The Superior Court, Appellate Division, held that:
- Evidence was sufficient to support trial court’s determination that deannexation would result in social detriment;
- Evidence was sufficient to support trial court’s determination that deannexation would result in economic injury;
- Trial court acted in its discretion when it determined that the harm to property owners from being a part of the township did not outweigh the harm to the township if the petition was granted;
- Trial court did not act arbitrarily or unreasonably in denying property owners’ petition; and
- Trial court acted within its discretion in denying property owners’ motion to supplement the record with emails and invoices that showed township administrator’s communications with Board’s attorney and professional planner.