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Past Local News
The Full Montville—The Town That Sued Itself
By Fred Snowflack; January 3, 2024; In City Confidential
MONTVILLE - Fights over development are common in New Jersey, but this one is different. The township of Montville is essentially suing itself.
Go figure.
This intra-community legal battle has its roots in a proposal by Diversified Properties LLC. to develop an age-restricted community that would include 266 units and such amenities as a swimming pool and tennis courts. This would be built near where Route 287 crosses the township and in the vicinity of River Road and Route 202.
As is the norm with these things, there was resident opposition as the plan meandered its way through a series of Zoning Board of Adjustment meetings. As the regulatory venue suggests, variances were needed. And last fall, the board in a 5-2 vote granted 20 variances, which seems like an astonishing number to be sure, and approved the project. Litigation to overturn the approval was quickly filed by a resident.
One does not intend to make light of resident opposition, but to be candid, litigation of this type is not unusual. Now we come to the township committee, which filed its own suit seeking to overturn the approval last Nov. 20. That was unusual.
The township contends, in short, that the zoning board "acted beyond its statutory authority," and in doing so, it "arrogated" the zoning powers of the township. The suit notes that the township committee considered a "senior housing overlay zone" for the roughly 29-acre tract in question, but it did not approve one. So in layman's terms, the zoning board messed up - big time - by sanctioning the project.
The committee's reasoning is not what's unusual. What is peculiar is the suit itself.
Boards of Adjustment are not independent entities; they are part of the municipal government. Board members are appointed and approved by the township committee. So, the committee is suing a group of people it themselves appointed. And given the fact both the committee and the board are government bodies - as opposed to private entities - you have to figure that township taxpayers are on the hook for both ends of the litigation. Up to a point at least. The developer, Diversified Properties, is a defendant as well. The township won't need to pay their attorney, but it, presumably, would need to pay the zoning board's attorney for any work related to the suit.
The township committee held its reorganization meeting Tuesday night and Dr. Matthew Kayne was appointed mayor. Under the township's form of government, the 5-person committee names one of their own as mayor. There was no mention of the suit itself, although it was pointed out that two veteran members of the zoning board have resigned. Broadly speaking, it is just about always good politics to oppose a large-scale development project. As stated, many residents show up in opposition to such proposals.
Speaking after the meeting, Kayne refrained from in-depth conversation about the suit, which is customary. Although, he did say it was the right thing to do and had nothing to do with politics. One who disagrees with that assessment is the attorney for Diversified Properties, Steven Schepis. In a recent brief seeking dismissal of the suit, Schepis says the township's litigation is a "politically motivated attempt to satiate the unreasonable demands of a handful of area residents" who he said are unhappy that 40 of the units will be reserved for low/moderate income seniors. He also said the township's suit was procedurally deficient.
Things change all the time, but as of now, Judge Stuart Minkowitz is scheduled to hold a Jan. 26 hearing on this odd Montville Civil War.
By Fred Snowflack; January 3, 2024; In City Confidential
MONTVILLE - Fights over development are common in New Jersey, but this one is different. The township of Montville is essentially suing itself.
Go figure.
This intra-community legal battle has its roots in a proposal by Diversified Properties LLC. to develop an age-restricted community that would include 266 units and such amenities as a swimming pool and tennis courts. This would be built near where Route 287 crosses the township and in the vicinity of River Road and Route 202.
As is the norm with these things, there was resident opposition as the plan meandered its way through a series of Zoning Board of Adjustment meetings. As the regulatory venue suggests, variances were needed. And last fall, the board in a 5-2 vote granted 20 variances, which seems like an astonishing number to be sure, and approved the project. Litigation to overturn the approval was quickly filed by a resident.
One does not intend to make light of resident opposition, but to be candid, litigation of this type is not unusual. Now we come to the township committee, which filed its own suit seeking to overturn the approval last Nov. 20. That was unusual.
The township contends, in short, that the zoning board "acted beyond its statutory authority," and in doing so, it "arrogated" the zoning powers of the township. The suit notes that the township committee considered a "senior housing overlay zone" for the roughly 29-acre tract in question, but it did not approve one. So in layman's terms, the zoning board messed up - big time - by sanctioning the project.
The committee's reasoning is not what's unusual. What is peculiar is the suit itself.
Boards of Adjustment are not independent entities; they are part of the municipal government. Board members are appointed and approved by the township committee. So, the committee is suing a group of people it themselves appointed. And given the fact both the committee and the board are government bodies - as opposed to private entities - you have to figure that township taxpayers are on the hook for both ends of the litigation. Up to a point at least. The developer, Diversified Properties, is a defendant as well. The township won't need to pay their attorney, but it, presumably, would need to pay the zoning board's attorney for any work related to the suit.
The township committee held its reorganization meeting Tuesday night and Dr. Matthew Kayne was appointed mayor. Under the township's form of government, the 5-person committee names one of their own as mayor. There was no mention of the suit itself, although it was pointed out that two veteran members of the zoning board have resigned. Broadly speaking, it is just about always good politics to oppose a large-scale development project. As stated, many residents show up in opposition to such proposals.
Speaking after the meeting, Kayne refrained from in-depth conversation about the suit, which is customary. Although, he did say it was the right thing to do and had nothing to do with politics. One who disagrees with that assessment is the attorney for Diversified Properties, Steven Schepis. In a recent brief seeking dismissal of the suit, Schepis says the township's litigation is a "politically motivated attempt to satiate the unreasonable demands of a handful of area residents" who he said are unhappy that 40 of the units will be reserved for low/moderate income seniors. He also said the township's suit was procedurally deficient.
Things change all the time, but as of now, Judge Stuart Minkowitz is scheduled to hold a Jan. 26 hearing on this odd Montville Civil War.
Latest News and Updates
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Governor Sherrill Signs Kids' Online Safety Package to Protect New Jersey Children and Support Youth
Mental Health Posted on NJ.gov on 08/11/2026 New Laws Establish an Age-Appropriate Design Code and Social Media Research Center, Putting Stronger Protection in Place for Children and Giving Parents More Tools to Keep Their Families Safe Online New Jersey Announces Funding Opportunity for Social Media Center to Support Research and Mitigate Negative Impact of Social Media Use Governor Mikie Sherrill today signed a package of three bills to protect New Jersey children online, hold Big Tech accountable, and address the harmful and addictive effects of social media on young people. The legislation delivers on key elements of Governor Sherrill’s Kids’ Online Safety Agenda, including codifying the New Jersey Age-Appropriate Design Code and creating a Social Media Research Center to independently study social media’s impacts, addictive features, and emerging risks to children. The Office of the Secretary of Higher Education today announced the availability of funds to establish the Social Media Research Center at one of New Jersey’s four-year public institutions of higher education, with the goal of getting the Center up and running this fall. Click here for full story |
Statement from Governor Sherrill on Delaney Hall Civil Rights Investigation
Posted on NJ.gov on 08/07/2026 “Today, the Attorney General announced a civil rights investigation into Delaney Hall, a private detention facility operated by The GEO Group. Since the facility is stonewalling efforts for real oversight, this is the right and necessary course of action. “We’ve heard the reports of disturbing conditions and have been heartbroken by recent deaths of detainees at the facility. ICE and The GEO Group have continued to block our efforts for a full health inspection and there are now reports that visitations have been stopped. We will not tolerate a facility that abdicates any transparency and accountability. I have long opposed private detention facilities, and my position is clear that Delaney Hall should be closed. My administration will continue to do everything in our power to hold ICE and The GEO Group accountable to New Jersey laws.” |
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Hope is not about ignoring the hard stuff
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Our Mission—A Word From Our Chairperson
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At the heart of the Montville Township Democratic Committee are our dedicated volunteers—the soul of our grassroots movement.
We are a diverse, welcoming community committed to electing Democratic leaders at every level—local, county, state, and national. We work to ensure transparency, accountability, and balanced representation in Montville’s government. Rooted in the belief that democracy thrives when everyone’s rights are protected, we strive to make our town a place where all voices are heard. We lead with purpose, advocating for fiscal responsibility and inclusive governance. We are proud to support local organizations and events that strengthen our community, from the Kiwanis Food Pantry to the July 4th Celebration and scholarships for Montville High School seniors. Join us. Stand up for our community. Defend democracy—right here at home. Shari Seffer, Municipal Chair Montville Township Democratic Committee |
Paid for by Montville Township Democratic Committee, PO BOX 71, Montville, NJ 07045
© 2026 Montville Township Democratic Committee
© 2026 Montville Township Democratic Committee