Judge to Set Timing for Beach Theatre Suit

CAPE MAY – The Beach Theatre Foundation, Inc. (BTF) announced today that a scheduling conference is scheduled for May 18th on its order to show cause filed last week in New Jersey Superior Court to invalidate the settlement of litigation between Frank Investments, Inc. and the City of Cape May allowing demolition of the Beach Theatre by year end.
The suit, originally filed in March 2011 by Frank Investments, contended that the Theatre owner was misled by erroneous legal ruling by the City attorney regarding the extension of a 2007 demolition permit under state legislation. In papers filed on May 10th, the BTF sought to nullify the settlement as improperly adopted by the City Council and lacking legal foundation.
The settlement interferes with the appeal before the Zoning Board of Adjustment and improperly validates demolition permit that expired and that was not extended by the Permit Extension Act of 2008. Prior to the suit filed against the City, Frank Investments had been attempting to convince the City’s Zoning Board of Adjustment to overturn a decision of the City’s Historic Preservation Commission denying a demolition permit. The HPC and the Planning Board determined that the 1950s era Beach Theatre had historic significance.
Judge Valerie H. Armstrong will establish a schedule for the respective sides to brief and argue the issues. Judge Armstrong will preside over the litigation.
“We are very pleased Judge Armstrong will be setting a calendar for us to move forward with our motion for intervention and relief so that we can present our point-of-view concerning this improper and illegal settlement between the City of Cape May and Frank Investments,” said Steve Jackson, Beach Theatre Foundation President. Jackson added, “We believe it will be clear that the City did not follow proper guidelines concerning the announcement of the vote to approve this litigation settlement. More importantly, the settlement confers a demolition permit extension that cannot be given out based upon the terms of the original permit. This application needs to go back to the Zoning Board of Adjustment where it rightfully belongs.”