![]() ![]() The judge also denied the Sawmill's request that the proceedings be voided and required to start anew, and rejected the Sawmill's motion for Schwartz's disqualification. The Law Division, in orders of Novemand January 13, 2009, required the recusal of five of the Board's nine members on conflict of interest grounds, but declined to disqualify the other four. After ten public hearings on the Sawmill's appeal had been conducted, but before the Board rendered a final decision, the Sawmill filed a complaint in lieu of prerogative writs in the Law Division, alleging, among other things, that eight of the nine members of the Board should be disqualified because they were officers or members of the Taxpayers Association of Seaside Park (TASP), which for several years had been arguing that the Sawmill was being operated as a nightclub, rather than as a restaurant, which was the very issue before the Board. The Sawmill appealed that determination to defendant, Borough of Seaside Park Zoning Board of Adjustment (Board). Schwartz, who asserted that the Sawmill was operating a discoth que or nightclub on the second floor of the premises, in violation of the approvals granted by the Borough for a restaurant/tavern operation, and in violation of applicable Borough ordinances prohibiting nightclubs. Plaintiff, Million Bucks, Inc., doing business as Sawmill Caf (the Sawmill), was issued a cease and desist letter on Februby the Borough of Seaside Park Zoning/Code Enforcement Officer, Geoffrey N. ![]() Reilly argued the cause for respondent (Citta, Holzapfel & Zabarsky, P.C., attorneys Mr. ![]() Shea, of counsel and on the brief Matthew R. Shea argued the cause for appellant (R.C. On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket No. ![]()
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