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variance, which Deep Hollow Park had obtained from the Township
in 1963.
The Township began an aggressive enforcement program against
Deep Hollow Park, which resulted in continuous litigation and
ultimately in an action by Deep Hollow Park against the Township
for harassment. For example, the Township issued many citations
against Deep Hollow Park for alleged violations of health,
building, and other municipal codes. Many of these citations
were subsequently overturned in municipal court actions. The
Township also denied Deep Hollow Park's conditional use permit
and site plan for the new fairgrounds, even though the Township
was advised by its counsel that its ordinances were insufficient
to deny the permits. This denial was subsequently overturned by
the State Superior Court of New Jersey. In addition, the
Township repeatedly attempted to disallow the use of Deep Hollow
Park for concert business under its 1963 "recreational use"
variance, and it retroactively amended its zoning ordinance to
redefine "recreational use" to prohibit such activities.
In December 1985, while all these legal actions were
pending, Shore Oaks, a local developer, announced plans to create
a $50 million housing development and golf course on land
adjacent to Deep Hollow Park. Because a portion of the proposed
site was designated a protected wetlands area, it became
necessary for Shore Oaks to acquire the Deep Hollow Park land in
order to complete the project. In addition to acquiring Deep
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Last modified: May 25, 2011