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Hasbrouck Heights Land Use Board Provides Update on Starbucks/Shake Shack Lawsuit
By Chip Armonaitis,
15 days ago
File: The Hasbrouck Heights Land Use Board provided an update on the ongoing lawsuit between Starbucks and Shake Shack about the burger joint's efforts to open an eatery on the old Mt. Fuji site. Credits: Katie Armonaitis
HASBROUCK HEIGHTS, NJ – The news coming out of the May 1 Hasbrouck Heights Land Use Board meeting was not on the agenda but from items that were announced at the meeting.
Land Use Board Chairman Henry Doobelaar announced that Gino Tessaro, the Borough’s Building Department official, had accepted another job, and would be leaving the Board. His replacement will be determined at a later date.
Also, Land USe Board Attorney Joseph Rotolo provided an update on the 211 Route 17 South LLC (Starbucks) vs. Borough of Hasbrouck Heights Planning Board/Land Use Board and CR Route 17 NJ, LLC (Shake Shack) court case. The Appellate Division of Superior Court of New Jersey ruled on the defendant’s appeal, which overturned the Hasbrouck Heights Planning Board’s approval for use variances after Starbucks filed suit.
The Appellate Court reversed the decision, cited errors in the decision-making process that Superior Court of New Jersey Law Division’s decision, and sent the matter back to the Court to re-review the case. It is not a clear win for Shake Shack/Hasbrouck Heights, but it did reverse some of the findings in the original decision.
Additionally, since one of the findings was that there was not sufficient evidence to grant a variance to Shake Shack for a Drive-Thru restaurant, which had been at the time, there is a change in status, since the Borough now allows drive-thru’s on Route 17 Corridor as part of its Master Plan. That change was made in the latest update to the master plan, and triggered a second lawsuit by Starbucks against Hasbrouck Heights, claiming that change was made solely to benefit Shake Shack.
Rotolo, when questioned by Doobelaar as to what his estimate was as to when this case would be settled, offered an estimate of the end of 2024.
As per the agenda, the Board passed the Resolution granting the variances for the One Boulevard Project, which adds townhomes and affordable housing units on Longview Avenue. Doobelaar, who voted against approval at the last meeting, noted that his “yes” approval of the resolution was to confirm that the resolution was what was passed at last month's meeting, not a change of his original vote.
Meeting minutes from the April Meeting were also approved.
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