On appeal from a Final Determination and Order of the New Jersey Racing Commission.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Payne and Sapp-Peterson.
In these appeals, argued back-to-back and decided in this single decision, appellants, Township of Berkeley and Robert K. Haelig, Jr., a resident of Ortley Beach, appeal from the issuance of a license by the New Jersey Racing Commission (NJRC) to the New Jersey Sports & Exposition Authority (NJSEA) to site an off-track betting facility on highway-business zoned property, formerly occupied by a Grand Union grocery store, located in Toms River (formerly, Dover Township),*fn1 adjacent to an age-restricted housing development in Berkeley Township.
On appeal, Berkeley Township raises the following arguments:
THE OFF-TRACK AND ACCOUNT WAGERING ACT CONFLICTS WITH THE OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-6, ET SEQ.
THE OFF-TRACK AND ACCOUNT WAGERING ACT, N.J.S.A. 5:5-127, ET SEQ. IS UNCONSTITUTIONAL SPECIAL LEGISLATION.
THE NEW JERSEY OFF-TRACK AND ACCOUNT WAGERING ACT DOES NOT PERMIT A SIMPLIFIED REVIEW BEFORE THE LOCAL PLANNING BOARD TO THE AUTHORITY OR FREEHOLD RACEWAY.
The following arguments are made by appellant Haelig:
THE FINAL ORDER AND DETERMINATION OF THE NEW JERSEY RACING COMMISSION ISSUING THE OFF-TRACK WAGERING LICENSE TO FREEHOLD RACEWAY OTB, L.L.C. SHOULD BE VACATED ON GROUNDS THAT IT WAS IRREPARABLY TAINTED AND CORRUPTED BY CONFLICTS-OF-INTEREST FROM THE INCEPTION OF THE APPLICATION PROCESS. (NOT PRESENTED BELOW)
APPELLANT ROBERT K. HAELIG, JR. ADOPTS AND INCORPORATES BY REFERENCE, THE ARGUMENTS ADVANCED BY CO-APPELLANT, TOWNSHIP OF BERKELEY.*fn2