A Bergen County Town is Suing Itself: The Shocking Reason Behind Garfield’s Legal Battle
the staff of the Ridgewood blog
Garfield NJ, In a rare move that has caught the attention of North Jersey residents, the City of Garfield has filed a lawsuit against its own Zoning Board of Adjustment. The legal battle centers on a controversial housing application that the Mayor and City Council claim fuels the fire of local overdevelopment.
The Suit: Garfield vs. The Garfield Zoning Board
The lawsuit stems from an October hearing where the zoning board voted 5-2 to approve a project on Plauderville Avenue. The applicants, Dolores and Michael Marsh, were granted permission to build three one-family townhomes in an area designated as an R-1 zone.
According to the city’s legal filing, the project is a direct violation of local ordinances. The R-1 zone is strictly reserved for one- or two-family uses, meaning the three-family townhome proposal should have required a specific “d” variance—a hurdle the city says the board ignored.
“Abuse of Discretion” and Overdevelopment
Mayor Everett Garnto, who ran on a platform of curbing overdevelopment alongside Deputy Mayors Tana Raymond and Kevin Kane, isn’t holding back. He argues that the zoning board’s approval “usurped” the power of the elected council and ignored the city’s long-term vision.
“This city has a well-known history of… overdevelopment,” Mayor Garnto stated. “For this zoning board to give that type of project permission to go ahead, it’s not abiding by our vision and not abiding by the zoning board laws also.”
Ignoring the Master Plan
A key component of the lawsuit is Garfield’s Master Plan Re-Examination Report, adopted in September 2025. This plan explicitly recommends that residential zones be maintained for one- and two-family homes to prevent overcrowding. The city alleges that the board completely disregarded this revised master plan when approving the Plauderville Avenue townhomes.
Furthermore, the lawsuit accuses the applicants of failing to properly notify surrounding property owners, a standard legal requirement for such developments.
What’s Next for Garfield?
The city is seeking a full reversal of the zoning board’s approval, as well as reimbursement for attorney fees and court costs. As of now, Carmin C. Breonte, chair of the zoning board, has declined to comment due to the pending litigation.
For Garfield residents, this case represents a pivotal moment in the fight to define the town’s density and architectural future.
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