Dealership's Relocation Is Blocked

By Patrisia Gonzales, Inquirer Staff Writer
Posted: June 19, 1987

A Camden County judge blocked Cherry Hill Dodge's relocation to an old apple orchard on Route 70 yesterday, ruling that the township had no grounds for granting a special variance to the dealership.

Residents in the neighborhood abutting the relocation site had opposed the move, saying that the dealership would alter the character of the Lakeview development, where homes cost up to $175,000.

The Lakeview Civic Association filed suit after the Township Council upheld a zoning board ruling Sept. 10 permitting the dealership to relocate from the Race Track Circle to a more residential section of Route 70 near Springdale Road. The council gave the go-ahead despite outcry during a public hearing that lasted from 7:30 p.m. to 12:15 a.m.

Charles Foulk, owner of the dealership, had bought the 13 1/2-acre property in hopes of securing a variance for the site, which is currently zoned for offices. Allan Vogelson, Foulke's attorney, said he did not know whether his client would appeal the decision.

Superior Court Judge Paul A. Lowengrub ruled yesterday that the township had not proven that the dealership should be given a special compensation based on two standards: that it would be of inherent benefit to the community, or that the dealership would serve the public good to some degree.

The township and Foulke had argued that the site would be better used as a dealership because it would be less of a nuisance than a large office building. The township based part of its argument on a hypothetical 158,000- square-foot building, the maximum size that would be allowed under current zoning.

But Lowengrub said that the township was basing its comparison on a ''phantom" and that the zoning board's reasons for granting the variance were not based on legal criteria.

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