ATLANTIC CITY – A trial date has been set in the lawsuit against a local developer who has been accused of skirting zoning regulations at a recently built mixed-use development, Margate Gardens at 9708-10 Ventnor Ave.
Steven B. Baglivo appeared at a virtual Order to Show Cause hearing Jan. 31 in a civil lawsuit brought by Margate Zoning Officer Roger McLarnon for the developer’s failure to allow inspections of the property. The city claims Baglivo strayed from the plan approved by the city’s Planning Board several years ago.
Superior Court Judge M. Susan Sheppard granted Margate injunctive relief and Baglivo must allow the city to conduct inspections of the units at a time convenient to both parties. She also gave the parties 90 days to conduct discovery. Any discovery or case management problems that arise will be dealt with in conference calls with the judge as they arise, she ordered.
“No trial shall be adjourned due to outstanding discovery,” she said in the court order.
A “firm” trial date was set for 9 a.m. Wednesday, May 21 at the Atlantic County Civil Courthouse in Atlantic City. Briefs must be filed 10 days before the trial, Sheppard ordered.
McLarnon was seeking reversal of improvements Baglivo made at his property without first obtaining city approval, and to relocate tenants. However, the judge withdrew those requests from the injunction without prejudice.
Dorothy F. McCrosson of McCrosson and Stanton PC of Ocean City represented the city in the case. Baglivo is represented by Louis M. Barbone of Jacobs & Barbone PA of Atlantic City.
According to the complaint brought by McCrosson, Baglivo received Planning Board site plan approval to build the multi-use property with six residential units above ground-floor commercial space on Aug. 25, 2022. During a zoning inspection on Nov. 1, 2023, the city discovered Baglivo installed two kitchens in each unit and ordered them to be removed. The property was reinspected on Nov. 21, 2023 and the city noted the extra ovens were removed. On Dec. 11, 2023 the Construction Code Official noted Baglivo refused to allow the city to conduct its final inspection, the TCOs expired on June 17, yet the units are now fully occupied without valid COs. A subsequent inspection on July 11 was abruptly ended when Baglivo asked the inspector to leave the premises, the lawsuit states.
Barbone filed a counter claim refuting the city’s allegations and need for reinspection, stating there was no division of units and that the 12 tenants living in 12 bedrooms can freely go from one side of the units to the other as they wish. The counterclaim sought full Certificates of Occupancy to replace the temporary certificates issued in December 2023.
A second count stated McLarnon was “unreasonable” and “selectively and repetitively interfered with and threatened to interfere with the property rights by refuting zoning permission, approval and authorization according to law.”
The counterclaim further states that McLarnon used his office to “injure and disable” Baglivo’s property rights and continues to withhold final approvals. The counterclaim demands compensatory and punitive damages, attorney fees and legal costs.
The counterclaim also demands McLarnon stop “intimidating, coercing and harassing” Baglivo.
City records indicate that the property is currently uninsured due to not having the required certificates of occupancy.
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