Filed Complaint with Exhibit

18 Plaintiff and Plaintiff’s professionals and constituted an arbitrary, capricious, and unreasonable exercise of official authority by the Board. 92. The Board failed in its exercise of authority pursuant to statutory and governing law to consider the weight of the evidence before it, without any proper basis, and failed to make a determination based upon applicable statutory criteria. 93. The Board arbitrarily and unreasonably ignored the absence of conflicting evidence and wholly disregarded the weight of the evidence established by Plaintiff and Plaintiff’s professionals. 94. The Board utterly failed to acknowledge that Plaintiff met the specific statutory criteria necessary for the variance relief requested. 95. Plaintiff’s interests have been adversely affected by the Board’s arbitrary application of its zoning and land use powers, which have been exercised in violation of the MLUL, other statutory provisions, and governing case law. 96. The denial of the Application was not supported by any credible evidence and was arbitrary, capricious, and unreasonable, and contrary to both fact and law. WHEREFORE, Plaintiff respectfully request that this Honorable Court enter judgment against Defendants as follows: A. Declaring that the Board’s denial of the Application was arbitrary, capricious, unreasonable and contrary to the MLUL, the Zoning Ordinance, and the lawful rights of the Plaintiff; B. Declaring that the Resolution memorialized by the Board was arbitrary, capricious, unreasonable and contrary to the MLUL, the Zoning Ordinance, and the lawful rights of the Plaintiff; C. Granting Plaintiff preliminary and final major site plan and conditional use approval and bulk variance relief, which approval shall expressly include the right of Plaintiff to develop the Property with a three (3) story, mixed-use building with 12 residential units and approximately 900 sq.ft. of commercialESX-L-001637-25 02/28/2025 2:34:16 PM Pg 18 of 32 Trans ID: LCV2025492774