By Christine Barcia
Staff Writer
FREEHOLD — A state Superior Court judge has ruled in favor of a local businessman who is constructing a catering hall in the Market Yard in Freehold Borough.
On Jan. 28, Judge Paul Escandon, sitting in Freehold, rejected all arguments put forth in a July 2015 legal complaint that challenged the approval of a South Street catering business. The plaintiff, Rob Kash, operates a business in downtown Freehold Borough. The defendants were Mayor Nolan Higgins, the Borough Council, Exquisite Caterers, and 17-19 South Street Associates, Freehold.
The first count in the complaint stated that the action of Higgins and the council in granting the application of Exquisite Caterers and 17-19 South Street Associates to operate a banquet/catering hall without providing any on-site parking in the Market Yard was arbitrary, capricious, unreasonable, unlawful, ultra vires (beyond the powers) and constituted a direct violation of the Freehold Center Core Redevelopment Plan.
For several reasons he detailed in his ruling, Escandon determined that the council did not act in an arbitrary and capricious manner in approving the banquet facility.
The second count claimed Higgins, in hearing and deciding the application of Exquisite Caterers and 17-19 South Street Associates, had a conflict of interest because he owns and operates a funeral home, Higgins Memorial Home, 20 Center St., which is within 200 feet of the Market Yard parking area.
In another series of reasons he detailed in his opinion, Escandon ruled there was not “a conflict of interest sufficient to warrant Mayor Higgins to recuse himself.”
The final count claimed that in one instance during the time when the Exquisite Caterers matter was before municipal officials, Higgins and the council members adjourned to a private 15-minute meeting with counsel. According to the complaint, this action violated the Open Public Meetings Act and constituted a direct and flagrant violation of the act.
Escandon said there was “insufficient basis to permit this court to hold that an impermissible executive session was entered into…”
“I am pleased the decision was made. The law was clear,” said Barry Fisher, the owner of the property at 17-19 South St. He said the catering business will be operational in April or May. “All permits are being filed. Construction is moving fast.”
Dave Esquenazi, the owner of the catering company that will take over the refurbished building, said he is “ecstatic” over the judge’s decision.
Kash could not be reached for comment.
Parking for guests at the Exquisite Caterers facility will be provided at an off-site location that has received approval from the borough’s Planning Board. Valets will greet guests in the Market Yard and bring their vehicle to the off-site parking lot and retrieve the vehicle upon the guests’ departure. Guests of events at the catering hall will not be prohibited from parking in the Market Yard if spaces are available in the lot.
