TOWNSHIP OF FAIRFIELD VS. STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATIONA-2390-13T1
In this appeal, the court considered whether the objection by Fairfield to a private helistop through the denial of a use variance by the Board of Adjustment should have precluded the DOT from issuing a "Special Use License." The court held in accord with the Supreme Court's decision in Garden State Farms, the Department of Transportation (DOT) is tasked with the ultimate authority as to the placement of aeronautical facilities and, after consultation with Fairfield, the DOT gave appropriate consideration to its objections, problems and suggestions prior to issuance of the license. The court
concluded the decision was not arbitrary, capricious, nor unreasonable.
Judge Fisher filed a concurring opinion.