Filed Complaint with Exhibit

28 MLUL, other statutory provisions, and governing case law. 144. There is no credible evidence in the record to indicate that the variances sought by Plaintiff would cause substantial detriment to the surrounding properties or substantial impairment of the zone plan. Rather, the testimony and evidence demonstrated that despite the bulk variances, the Proposed Development would be able to comfortably comply with the required setbacks where it mattered, and would better fit in the immediate surrounding area. 145. The Board’s denial of the Application and the Resolution memorializing its decision inappropriately relied upon issues unrelated to the specific relief requested by Plaintiff, and, as such, are in contravention of the MLUL. 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. REQUEST FOR RELIEF WHEREFORE, Plaintiff respectfully request that this Honorable Court enter judgment against Defendants as follows:ESX-L-001637-25 02/28/2025 2:34:16 PM Pg 28 of 32 Trans ID: LCV2025492774