Appellate Division Rejects Untimely Complaint In Lieu of Prerogative Writs

We have discussed many different types of cases in which courts have considered untimely appeals or filings.  Today, we discuss a timeliness issue we have not written about before, namely, a complaint in lieu of prerogative writs challenging bulk variances.  In Gold Coast Properties v. Ocean City Zoning Board of Adjustment, No. A-0751-09T2 (App. Div. August 24, 2010), the Appellate Division ruled that the plaintiff’s complaint was untimely and that considerations of equity and fairness did not support the plaintiff’s argument that its late filing should be excused. 


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