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Articles › Notable Win: Appellate Division Upholds Car Dealership Summary Judgment Ruling Against Township to Expand Parking Lot

Notable Win: Appellate Division Upholds Car Dealership Summary Judgment Ruling Against Township to Expand Parking Lot

July 8, 2026
By Capehart Scatchard

Client: Foulke Management Corp. and Lenny Reality, LLC

Court: Appellate Division

Trial Attorney: Laura Ruccolo, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Lenny Reality LLC et al. v. Cherry Hill Township et al.

Defendant Cherry Hill appealed the trial court’s order for summary judgment in favor of plaintiffs’ holding that the Defendant’s recission of zoning permits to expand the Plaintiff’s parking lot was arbitrary, capricious and unreasonable as it was not supported by sufficient evidence.

The Appellate Division affirmed the Order but also concluded that under the Municipal Land Use Law the Zoning Officers did not have the legal authority to rescind permits and concluding the township’s action was illegal.

Further information about the summary judgment portion of this matter is linked here.

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