MIDDLE TOWNSHIP – Litigation pending against the township and its Zoning Board over an electronic billboard proposed for Route 47 in Rio Grande, across from Burger King, was a subject in a closed session of the Township Committee on Sept. 16.

The litigation was filed in August 2022 by the outdoor advertising firm Garden State Outdoor LLC over the Zoning Board’s denial of approval for a proposed double-sided, 378-foot LED billboard at a height of 45 feet. The litigation accused Middle Township of maintaining a “blanket prohibition” on off-premises advertising, which Garden State Outdoor claimed was unconstitutional.

On June 20, Superior Court Judge Michael Blee denied the company’s request for a judgment against Middle, stating: “The court finds that the board’s denial of plaintiff’s zoning application was not arbitrary, capricious, and unreasonable.” Blee went on to declare: “The court finds the board’s resolution valid and supported by adequate findings of fact and conclusions of law.”

On July 21, Garden State Outdoor filed a Notice of Appeal of Blee’s decision.

A different outdoor advertising firm filed suit against Middle in September 2022. Pacific Outdoor Advertising requested permission from the Zoning Board to erect a 45-foot, double-faced standard digital billboard at 522 Stone Harbor Boulevard, across from Kindle automotive dealership.

That litigation was dismissed with prejudice on March 11. In January, Blee stated in an order on the case that “The township’s prohibition against billboards is constitutional.”

Contact the reporter, Vince Conti, at vconti@cmcherald.com.