Filed Complaint with Exhibit

24 and continues to be, injured and deprived of its rights as developer of the Property. 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 commercial space; and D. Awarding such other and further relief as this Honorable Court may deem equitable and just, including attorney’s fees and costs of suit. COUNT VI The Board Failed in its Duty to “Turn Square Corners.” 122. Plaintiff incorporates all of the foregoing paragraphs by reference as if same were fully set forth at length herein. 123. The Board owes a duty to the public to “turn square corners” as articulated by the Supreme Court in F.M.C. Stores Co. v. Borough of Morris Plains, 100 N.J. 418 (1985). 124. By denying the Application, which denial was unsupported by the evidence and testimony presented, the Board improperly and unlawfully acted in violation of this doctrine. 125. The actions of the Board violated fundamental concepts of fairness. 126. As a result of the aforementioned defects and conduct by the Board, Plaintiff has been, and continues to be, injured and deprived of its rights as a business entity and developer of the Property.ESX-L-001637-25 02/28/2025 2:34:16 PM Pg 24 of 32 Trans ID: LCV2025492774