Board Requesting Lawsuit Be Moved to Federal Court

The planning board voted Monday evening to request a lawsuit by a township business owner be moved to federal court.

Robert Burke applied to construct a wind turbine at the Wayne Auto Spa on Hamburg Turnpike; in his lawsuit he claimed the board improperly denied the application in September 2008.

State Superior Court ruled in July 2010 that the planning board did improperly deny the application and granted Burke approval, but the township appealed the decision. A stay by the New Jersey Appellate Court was granted last year, preventing the 49-foot tall machine from being constructed.

The request to move the case to federal court was made because Burke updated his lawsuit, contending that his civil rights were violated. Civil rights cases may be heard in state or federal court. 

If the request is granted, the suit will be moved to the New Jersey District Court in Newark. The 16 defendants named in the suit, including the planning board, had to agree to make the request. 

"Our request that the federal court has the right to entertain the lawsuit has merit," said Matthew Cavaliere, planning board attorney. 

The request to move the case was made Feb. 24. A response on whether or not the defendants' request will be granted could take up to 30 days, Cavaliere said.