
Appeals Court Upholds Jackson Township’s Approval of Sprawling Bais Faiga Campus
A New Jersey appellate court has upheld Jackson Township’s approval of a major new school campus, delivering a sweeping legal victory to the township and school officials after months of litigation brought by neighboring property owners.
In a ruling issued Wednesday, the Superior Court’s Appellate Division affirmed the trial court’s dismissal of a lawsuit challenging the Jackson Township Planning Board’s approval of a four-building private school campus proposed by Bais Yaakov of Jackson (Bais Faiga).
The case stemmed from a 2022 application by Bais Yaakov of Jackson to build a large all-girls religious school campus on nearly 38 acres along East Veterans Highway. The project includes an elementary school, two high schools, and a gymnasium, with capacity for approximately 2,350 students and 250 staff members.
Several nearby property owners sued after the Planning Board granted approval in March 2023, arguing that the decision was flawed and unlawful. They alleged conflicts of interest, environmental errors, traffic problems, inadequate parking, zoning violations, and unfair hearing procedures.
Both the trial court and appellate judges rejected those claims, concluding that the Board acted lawfully and reasonably.
“The trial court rejected these claims and dismissed the complaint. We affirm,” the appellate panel wrote.
A major focus of the lawsuit involved environmental and traffic issues. Opponents claimed the school’s Environmental Impact Statement (EIS) misclassified wildlife habitat and failed to properly account for endangered species. The court acknowledged that one area may have been misranked but ruled the mistake was harmless because the land in question would not be developed.
Judges also noted that the township’s Environmental Commission reviewed the project and found “no immediate environmental concerns,” supporting the Board’s decision.
Traffic studies submitted by Bais Yaakov’s engineers projected that most students would arrive by bus, with limited parent drop-offs. Experts testified that with planned roadway improvements and a new traffic signal, nearby intersections would operate at acceptable levels.
The court found that the Board was entitled to rely on this professional testimony.
The project required several variances and waivers, including for lot width and parking. Township planners had initially raised concerns about compliance and recommended further review.
During hearings, Bais Yaakov’s engineers revised plans, explained “land-banked” parking spaces, and testified that zoning standards would ultimately be met.
The Board concluded that the benefits of the project outweighed any drawbacks, a determination the courts declined to overturn.
Plaintiffs also alleged that then-Planning Board Chairman Tzvi Herman had a conflict of interest because the school’s attorney represented a synagogue connected to him in a separate matter.
Both courts rejected the claim, finding the connection “too tenuous and remote” to justify disqualification.
The appellate panel emphasized that conflict rules should not be applied so broadly that they cripple local government.
In affirming the ruling, the judges stressed that courts must defer to local planning boards unless their actions are “arbitrary, capricious, or unreasonable.”
After reviewing the full record, the panel found no basis to interfere with Jackson’s decision.