In the case of Borough of Bloomingdale v. Bloomingdale Joint Venture/Meer Bloomingdale Estates, the Appellate Division recently upheld a determination by the Passiac County Construction Board of Appeals in favor of a developer who disputed a payment of $59,258.75 by the Bloomingdale Planning Board to their traffic consultant. The County Board found that the “reasonable and necessary fees” were only $12,420, and, the Appellate Division, applying the deferential “arbitrary, capricious and unreasonable” standard to the County Board’s determination, upheld the reduced charges and ordered the balance returned to the applicant. The lesson – make sure you review those escrow charges carefully….
Archive for April 27th, 2007
Developer Wins Dispute Over Escrow Fees
Posted by Phil Morin on April 27, 2007
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