Support the 60 Sunset Rd Legal Defense Fund (Pompton Plains)

The 60 Sunset Rd Legal Defense Fund covers land use counsel and vital litigation expenses

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$9,000 raised of $15K

Support the 60 Sunset Rd Legal Defense Fund (Pompton Plains)

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We are launching a Legal Defense Fund to help protect lawful zoning, due process, and fair public review in our community.

This fundraiser is about whether major land-use decisions must comply with New Jersey law.

A large private grades 3–12 school was approved for 60 Sunset Road in Pompton Plains, NJ, through a settlement that granted major site plan approval and extensive zoning variances in a residential R-15 zone. The approval relies on multiple variances from core zoning requirements, raising significant compliance issues with applicable zoning standards (including minimum lot size, parking, impervious coverage, front-yard parking and loading restrictions, signage limits, and other major standards). These are not minor deviations - they affect the heart of the zoning plan.

The approval was tied to separate federal litigation involving RLUIPA (Religious Land Use And Institutionalized Persons Act), but even in a settlement, New Jersey law still requires compliance with the Municipal Land Use Law (MLUL). This matter involves a zoning approval that raises serious concerns regarding whether the core New Jersey land-use protections were properly applied.

We have filed a prerogative writ action in the Superior Court to challenge the approval. This is the main legal case now moving forward.

Our concerns include:

• concerns regarding the adequacy and scope of public notice provided in connection with the approval process
• limited opportunity for residents to meaningfully question and respond
• approval of major variances without proper factual findings
• failure to apply the required land use analysis under MLUL
• a process that appears to have been influenced by ongoing litigation considerations rather than a fully independent review of the application.

The emergency request to immediately stop construction was denied, which means construction may begin while the main appeal continues. The case itself is still active and now requires significant legal work to move forward.

Funds raised will be used only for:

• land use counsel and litigation expenses
• court filings and legal briefs
• review of zoning records, transcripts, and hearing history
• responses to the Township and applicant’s attorneys
• court appearances and ongoing legal proceedings

Our immediate urgent need is $22,000 to continue under the current legal strategy and meet upcoming deadlines. We expect approximately $40,000 for the current phase of litigation, though total costs depend on how the case proceeds.

Thanks to early community support, we have already raised ~$7,000 toward this effort. We are deeply grateful to everyone who stepped forward so quickly.

This case has implications far beyond one property - it affects communities across New Jersey. It affects whether zoning laws still mean something, whether residents receive proper notice and due process, and whether major development approvals can be pushed through by settlement without full public accountability.

We are asking neighbors, residents, and supporters to help us protect the integrity of local zoning law and ensure the process remains lawful, fair, and transparent.

Every contribution helps.

Thank you for standing with our community.

⚠️ FULL TRANSPARENCY ABOUT FUNDRAISING

We want to be honest and clear:
Legal cases move step by step.
No one can honestly promise exactly how long the full process will take or what the final total cost will be.

What we do know is where we are right now. The current fundraising goal is NOT a guarantee that it covers the entire case through the end.

It is the amount needed to keep the legal challenge moving through the next critical phase under the reduced-cost legal strategy.

Could more funds be needed later? Possibly.
Could the applicant continue pushing in a way that increases costs? Possibly.

We do not want to mislead anyone.

But we also know this:
If we do nothing, the approval stands.
If allowed to stand, this approval could set a precedent affecting how similar zoning matters are handled.
If we stop now, the residents’ legal challenge may not be able to continue.

If we fund this next phase, we give ourselves the chance to properly challenge this approval in court.

The honest message is simple:
This is where we are now. This is the next legal step. This is what it costs to keep going.

There are no guarantees.
But doing nothing guarantees we lose our chance to uphold zoning laws.

This fundraiser reflects the opinions, concerns, and allegations of the organizers based on publicly available records and filings.
The matters described are the subject of ongoing litigation, and no final determination has been made by the court.

Organizer

Sergey Krivov
Organizer
Pequannock, NJ

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