09/05/2025
๐๐๐๐๐ ๐๐๐๐๐ ๐๐๐๐๐ ๐
๐๐๐โฆ
At last Wednesday nightโs meeting of the Lebanon Township Committee, ๐ญ๐ฐ๐จ ๐๐๐ง๐๐ข๐๐๐ญ๐๐ฌ ๐๐จ๐ซ ๐๐ฅ๐๐๐ญ๐ข๐จ๐ง ๐ญ๐จ ๐ญ๐ก๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ ๐๐จ๐ฆ๐ฆ๐ข๐ญ๐ญ๐๐ ๐ข๐ง ๐๐จ๐ฏ๐๐ฆ๐๐๐ซ ๐ซ๐๐ข๐ฌ๐๐ ๐ช๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง๐ฌ ๐๐๐จ๐ฎ๐ญ ๐ฅ๐๐ ๐๐ฅ ๐๐๐๐ฌ ๐ข๐ง๐๐ฎ๐ซ๐ซ๐๐ ๐ข๐ง ๐๐๐๐๐ง๐๐ข๐ง๐ ๐ฅ๐๐ฐ๐ฌ๐ฎ๐ข๐ญ๐ฌ ๐๐ข๐ฅ๐๐ ๐๐ ๐๐ข๐ง๐ฌ๐ญ ๐ญ๐ก๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ ๐๐ฒ ๐ญ๐ก๐ ๐๐๐ซ ๐๐ซ๐จ๐ฎ๐ฉ, ๐๐ง๐. (โ๐๐๐โ).
Interestingly, NARโs owner, Nitin Manglani (โManglaniโ), who doesnโt live in the Township and rarely comes to meetings, was also in attendance. Manglani was undoubtedly pleased to hear two residents questioning the Committeeโs decision to incur the legal expenses necessary to resist NARโs ongoing demands.
For those who only recently started coming to Township meetings and may be unaware of the facts, letโs set the record straight.
1. NAR only exists because in August 2019 the Townshipโs former mayor and former attorneys took it upon themselves to meet privately with Manglani and give NAR a letter that NAR falsely claims as โzoning approval.โ ๐๐ข๐ญ๐ก๐จ๐ฎ๐ญ ๐ญ๐ก๐ข๐ฌ ๐ฅ๐๐ญ๐ญ๐๐ซ, ๐๐๐ ๐ง๐๐ฏ๐๐ซ ๐ฐ๐จ๐ฎ๐ฅ๐ ๐ก๐๐ฏ๐ ๐๐๐๐ง ๐๐ฉ๐ฉ๐ซ๐จ๐ฏ๐๐ ๐๐ฒ ๐ญ๐ก๐ ๐ฌ๐ญ๐๐ญ๐ ๐๐จ๐ซ ๐ ๐๐๐ง๐ง๐๐๐ข๐ฌ ๐๐ฎ๐ฅ๐ญ๐ข๐ฏ๐๐ญ๐ข๐จ๐ง ๐ฉ๐๐ซ๐ฆ๐ข๐ญ, ๐ง๐จ๐ญ ๐จ๐ง๐ ๐๐ข๐ฆ๐ ๐จ๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ ๐ฆ๐จ๐ง๐๐ฒ ๐ฐ๐จ๐ฎ๐ฅ๐ ๐ก๐๐ฏ๐ ๐๐๐๐ง ๐ฌ๐ฉ๐๐ง๐ญ ๐จ๐ง ๐๐ง๐ฒ ๐ฅ๐๐ ๐๐ฅ ๐๐๐๐ฌ, ๐๐ง๐ ๐๐๐ ๐ฐ๐จ๐ฎ๐ฅ๐ ๐๐ ๐ฅ๐จ๐ง๐ ๐ ๐จ๐ง๐. The letter was completely unauthorized. It was provided to NAR without any input from the Township Committee (the โCommitteeโ), the Planning Board (the โPBโ), the Board of Adjustment (the โBOAโ), and the residents of the Township. The former mayor and former Township attorneys responsible for providing this letter to NAR are no longer around.
2. NAR attempted to follow up on the ill-conceived 2019 โapproval letterโ by applying to the Planning Board in July 2022 for site plan approval of its industrial ma*****na production and processing facility in the abandoned aerosol factory at 62 Anthony Road (the โPropertyโ). NARโs application was based on the false assumption that its proposed factory building would be a โfarmโ as defined in the Townshipโs zoning ordinance. Upon objection by a Township resident, the Planning Board correctly directed NAR to the Board of Adjustment for an interpretation of the term โfarmโ as applied to NARโs proposed facility. ๐๐ก๐ ๐ฅ๐๐ ๐๐ฅ ๐๐๐๐ฌ ๐ข๐ง ๐จ๐ฉ๐ฉ๐จ๐ฌ๐ข๐ง๐ ๐๐๐ ๐๐ญ ๐ญ๐ก๐ ๐๐ฅ๐๐ง๐ง๐ข๐ง๐ ๐๐จ๐๐ซ๐ ๐ฐ๐๐ซ๐ ๐ฉ๐๐ข๐ ๐๐ฒ ๐ ๐ซ๐๐ฌ๐ข๐๐๐ง๐ญ, ๐ง๐จ๐ญ ๐ญ๐ก๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ.
3. Rather than make an application to the BOA for an interpretation, which NAR feared they would lose, NAR hired an expensive, high powered law firm to sue the PB and the Committee. ๐๐ฉ ๐ญ๐จ ๐ญ๐ก๐ข๐ฌ ๐ฉ๐จ๐ข๐ง๐ญ, ๐ญ๐ก๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ ๐ข๐ง๐๐ฎ๐ซ๐ซ๐๐ ๐ง๐จ ๐ฅ๐๐ ๐๐ฅ ๐๐๐๐ฌ.
4. Save Lebanon Township Coalition (โSLTCโ) was then formed by Township residents and opposed NARโs application, for two reasons: (1) to restore the integrity of the zoning process in the Township; and (2) to assure an interpretation of the term โfarmโ that recognizes and preserves the rural character of the Township. ๐๐ฏ๐๐ซ ๐๐๐โ๐ฌ ๐จ๐๐ฃ๐๐๐ญ๐ข๐จ๐ง, ๐ญ๐ก๐ ๐๐จ๐ฎ๐ซ๐ญ ๐ฉ๐๐ซ๐ฆ๐ข๐ญ๐ญ๐๐ ๐๐๐๐ ๐ญ๐จ ๐๐จ๐ซ๐ฆ๐๐ฅ๐ฅ๐ฒ ๐ข๐ง๐ญ๐๐ซ๐ฏ๐๐ง๐ ๐จ๐ง ๐ญ๐ก๐ ๐ฌ๐ข๐๐ ๐จ๐ ๐ญ๐ก๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ ๐ข๐ง ๐ญ๐ก๐ ๐ฅ๐๐ฐ๐ฌ๐ฎ๐ข๐ญ ๐๐ข๐ฅ๐๐ ๐๐ฒ ๐๐๐.
5. ๐๐๐๐, ๐ญ๐ก๐ซ๐จ๐ฎ๐ ๐ก ๐ข๐ญ๐ฌ ๐จ๐ฐ๐ง ๐ฅ๐๐ ๐๐ฅ ๐๐จ๐ฎ๐ง๐ฌ๐๐ฅ, ๐ญ๐จ๐จ๐ค ๐ญ๐ก๐ ๐ฅ๐๐๐ ๐ข๐ง ๐จ๐ฉ๐ฉ๐จ๐ฌ๐ข๐ง๐ ๐๐๐โ๐ฌ ๐ฅ๐๐ฐ๐ฌ๐ฎ๐ข๐ญ, and obtained a ruling from the court that required NAR to go to the BOA for an interpretation, just as the PB had previously decided. ๐๐ก๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉโ๐ฌ ๐ฅ๐๐ ๐๐ฅ ๐๐ฑ๐ฉ๐๐ง๐ฌ๐๐ฌ ๐ญ๐ก๐ซ๐จ๐ฎ๐ ๐ก ๐ญ๐ก๐ข๐ฌ ๐ฉ๐จ๐ข๐ง๐ญ ๐ฐ๐๐ซ๐ ๐ฆ๐ข๐ง๐ข๐ฆ๐๐ฅ.
6. While NARโs lawsuit against the PB and the Committee was pending, NAR filed two other lawsuits, using two more law firms (a total of four different law firms since 2022). The first was a SLAPP suit (Strategic Lawsuit Against Public Participation) filed against SLTC and its trustees, personally. ๐๐๐๐ ๐๐ง๐ ๐ข๐ญ๐ฌ ๐ญ๐ซ๐ฎ๐ฌ๐ญ๐๐๐ฌ ๐ก๐ข๐ซ๐๐ ๐ญ๐ก๐๐ข๐ซ ๐จ๐ฐ๐ง ๐๐ญ๐ญ๐จ๐ซ๐ง๐๐ฒ๐ฌ ๐๐ญ ๐ญ๐ก๐๐ข๐ซ ๐จ๐ฐ๐ง ๐๐ฑ๐ฉ๐๐ง๐ฌ๐ ๐ญ๐จ ๐๐๐๐๐ง๐ ๐ญ๐ก๐ข๐ฌ ๐ฅ๐๐ฐ๐ฌ๐ฎ๐ข๐ญ, ๐ฐ๐ก๐ข๐๐ก ๐ฐ๐๐ฌ ๐๐ข๐ฌ๐ฆ๐ข๐ฌ๐ฌ๐๐ ๐๐ฒ ๐ญ๐ก๐ ๐๐จ๐ฎ๐ซ๐ญ. The second was a suit by NAR against the Committee for enforcing the Townshipโs ordinance requiring site plan approval, which halted NARโs contrived โh**pโ production facility at the Property, virtually identical to its proposed ma*****na facility. ๐๐ง๐๐ ๐๐ ๐๐ข๐ง, ๐ญ๐ก๐ ๐๐จ๐ฎ๐ซ๐ญ ๐ซ๐ฎ๐ฅ๐๐ ๐๐ ๐๐ข๐ง๐ฌ๐ญ ๐๐๐ ๐๐ง๐ ๐ฎ๐ฉ๐ก๐๐ฅ๐ ๐ญ๐ก๐ ๐๐จ๐ฆ๐ฆ๐ข๐ญ๐ญ๐๐โ๐ฌ ๐๐๐๐ข๐ฌ๐ข๐จ๐ง.
7. In July 2023, NAR finally applied to the BOA for an interpretation of the term โfarm,โ or in the alternative, for a zoning variance. The BOA hearing on this application took place on 16 evenings over six months at Voorhees High School. SLTC opposed NARโs application using its own legal counsel and expert planning witness. On May 8, 2024, the BOA issued a resolution denying NARโs interpretation and request for a variance. ๐๐ฌ ๐ญ๐ก๐ ๐๐ฉ๐ฉ๐ฅ๐ข๐๐๐ง๐ญ, ๐๐๐ ๐ฐ๐๐ฌ ๐ซ๐๐ฌ๐ฉ๐จ๐ง๐ฌ๐ข๐๐ฅ๐ ๐๐จ๐ซ ๐ญ๐ก๐ ๐๐๐๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐๐โ๐ฌ ๐ฅ๐๐ ๐๐ฅ ๐๐จ๐ฎ๐ง๐ฌ๐๐ฅ, ๐ฉ๐ฅ๐๐ง๐ง๐๐ซ, ๐๐ง๐ ๐๐ง๐ ๐ข๐ง๐๐๐ซ ๐ข๐ง๐๐ฎ๐ซ๐ซ๐๐ ๐๐ฌ ๐ ๐ซ๐๐ฌ๐ฎ๐ฅ๐ญ ๐จ๐ ๐ญ๐ก๐ข๐ฌ ๐ก๐๐๐ซ๐ข๐ง๐ . Unhappy with the BOAโs decision, NAR then sued the BOA and added the BOA to its original lawsuit against the PB and the Committee.
8. The portion of NARโs lawsuit that has not been dismissed involves the BOAโs interpretation of the term โfarmโ and the decision not to grant NAR a use variance. That decision is now before the court for review in the form of a โtrialโ on the basis of the record made before the BOA. On June 6, 2025, NARโs lawyers filed a trial brief of 149 pages along with an appendix of 1,784 pages and another 2,710 pages of hearing transcripts. In response, on August 26, 2025, counsel for the BOA filed a trial brief of 199 pages and an appendix of 163 pages. On August 27, 2025, counsel for SLTC filed a separate trial brief of 62 pages. Counsel for NAR will now file a reply brief due in early October. The court will then set a date for oral argument and thereafter issue a decision. ๐๐ก๐ ๐ฉ๐ซ๐๐ฉ๐๐ซ๐๐ญ๐ข๐จ๐ง ๐จ๐ ๐ญ๐ก๐ ๐ญ๐ซ๐ข๐๐ฅ ๐๐ซ๐ข๐๐๐ฌ ๐ฐ๐๐ฌ ๐๐จ๐ฆ๐ฉ๐ฅ๐๐ฑ ๐๐ง๐ ๐ญ๐ข๐ฆ๐ ๐๐จ๐ง๐ฌ๐ฎ๐ฆ๐ข๐ง๐ . ๐๐ก๐ข๐ฌ ๐ข๐ฌ ๐ฐ๐ก๐๐ซ๐ ๐ญ๐ก๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ ๐ก๐๐ฌ ๐ง๐๐๐๐ฌ๐ฌ๐๐ซ๐ข๐ฅ๐ฒ ๐ข๐ง๐๐ฎ๐ซ๐ซ๐๐ ๐ฌ๐ข๐ ๐ง๐ข๐๐ข๐๐๐ง๐ญ ๐ฅ๐๐ ๐๐ฅ ๐๐๐๐ฌ ๐ข๐ง ๐๐๐๐๐ง๐๐ข๐ง๐ ๐ข๐ญ๐ฌ๐๐ฅ๐ ๐๐ ๐๐ข๐ง๐ฌ๐ญ ๐๐๐โ๐ฌ ๐ฅ๐๐ฐ๐ฌ๐ฎ๐ข๐ญ๐ฌ. ๐๐๐๐โ๐ฌ ๐ฅ๐๐ ๐๐ฅ ๐๐จ๐ฎ๐ง๐ฌ๐๐ฅ ๐๐จ๐ง๐ญ๐ข๐ง๐ฎ๐๐ฌ ๐ญ๐จ ๐ฌ๐๐ซ๐ฏ๐ ๐จ๐ง ๐ ๐ฉ๐ซ๐จ ๐๐จ๐ง๐จ (๐ง๐จ ๐๐๐) ๐๐๐ฌ๐ข๐ฌ.
9. There is almost always a significant lag time between the occurrence of a mistake that leads to legal exposure and the need to pay legal fees resulting from the mistake. That is the case with the NAR lawsuit, where a letter that never should have been written in August 2019 is costing the Township legal fees incurred in the summer of 2025. ๐๐จ๐ฆ๐ฉ๐๐ซ๐ข๐ง๐ ๐ฅ๐๐ ๐๐ฅ ๐๐๐๐ฌ ๐ข๐ง๐๐ฎ๐ซ๐ซ๐๐ ๐๐๐๐๐ฎ๐ฌ๐ ๐จ๐ ๐๐๐ ๐ฎ๐ง๐๐๐ซ ๐ญ๐ก๐ ๐๐ฎ๐ซ๐ซ๐๐ง๐ญ ๐๐จ๐ฆ๐ฆ๐ข๐ญ๐ญ๐๐โ๐ฌ ๐ฐ๐๐ญ๐๐ก ๐ญ๐จ ๐ญ๐ก๐จ๐ฌ๐ ๐ข๐ง๐๐ฎ๐ซ๐ซ๐๐ ๐ข๐ง ๐๐๐๐ ๐ข๐ฌ ๐๐จ๐ญ๐ก ๐ข๐ซ๐จ๐ง๐ข๐ ๐๐ง๐ ๐ฉ๐จ๐ข๐ง๐ญ๐ฅ๐๐ฌ๐ฌ.
10. When the Township is sued by a well-financed, out of town developer like NAR, the choice is simple: give them what they want or be prepared to pay lawyers to resist a legal assault. In this case, SLTC carried the load for the Township most of the way, but ultimately the Township must defend its own zoning ordinance. ๐๐ก๐ ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ ๐๐จ๐ฆ๐ฆ๐ข๐ญ๐ญ๐๐ ๐ก๐๐ฌ ๐ก๐๐ง๐๐ฅ๐๐ ๐ญ๐ก๐ข๐ฌ ๐ฐ๐ข๐ฌ๐๐ฅ๐ฒ ๐๐ง๐ ๐๐๐๐ข๐๐ข๐๐ง๐ญ๐ฅ๐ฒ, ๐ฌ๐ฉ๐๐ง๐๐ข๐ง๐ ๐จ๐ง๐ฅ๐ฒ ๐ ๐๐ซ๐๐๐ญ๐ข๐จ๐ง ๐จ๐ ๐ฐ๐ก๐๐ญ ๐๐๐ ๐ก๐๐ฌ ๐๐๐๐ง ๐ฐ๐ข๐ฅ๐ฅ๐ข๐ง๐ ๐ญ๐จ ๐ฌ๐ฉ๐๐ง๐ ๐จ๐ง ๐๐๐โ๐ฌ ๐ฉ๐ซ๐จ๐๐๐ฌ๐ฌ๐ข๐จ๐ง๐๐ฅ๐ฌ ๐ฌ๐ข๐ง๐๐ ๐๐๐๐.
If anyone thinks the Committee should surrender because NAR's locked and guarded industrial facility really is a โfarm,โ they are entitled to their opinion, which is shared by the owners of NAR. Anyone holding that opinion may also believe, as NARโs owners do, that the Committee should ignore the Townshipโs two ordinances that expressly prohibit all ma*****na businesses in all zoning districts. ๐๐๐๐๐ง๐จ๐ง ๐๐จ๐ฐ๐ง๐ฌ๐ก๐ข๐ฉ ๐ซ๐๐ฃ๐๐๐ญ๐๐ ๐ฌ๐ฎ๐๐ก ๐จ๐ฉ๐ข๐ง๐ข๐จ๐ง๐ฌ ๐ ๐ฅ๐จ๐ง๐ ๐ญ๐ข๐ฆ๐ ๐๐ ๐จ.