Cherry Hill Dodge wins lawsuit against Township to tear down homes, expand parking lot off Route 70.

A state Superior Court judge in Camden on Wednesday overruled Cherry Hill Township's decision to rescind zoning permits for Cherry Hill Dodge to demolish two homes and add to its parking lot off the dealership's Route 70 property.

In one of the most contentious lawsuits in recent history between a business and Cherry Hill, Judge Michael J. Kassel ruled in a summary judgment in favor of plaintiffs Lenny Reality LLC and Foulke Management Corp. and against the Township.

The Foulke family owns the dealership, which abuts the Locustwood neighborhood where many residents have long complained of noise, traffic obstructions on public streets during deliveries and other allegations about Cherry Hill Dodge.

However, Kassel also stayed his decision for 60 days.

"We are very disappointed in the court's decision requiring the Township to reissue the zoning permits," Mayor David Fleisher said in a statement emailed to 70and73.com. "The judge, however, granted the Township 60 days before the order takes effect, and we will use that time to explore all of our options for moving forward with the goal of continuing to protect the interests of our residents."

Over the protests of some residents, the Township Planning Board in 2020 approved an application from Cherry Hill Dodge — owned by Charles W. Foulke Jr. and his son, Charles "Charlie" Foulke III — to tear down two Wynnwood Avenue homes and expand its parking lot.

The board's approval came with a long list of conditions that must be met by the dealership. Many of the conditions cover the operation of the dealership and its relationship with neighbors rather than the land use application.

70and73.com article on the approval: Cherry Hill Dodge parking plan approved, but township vows oversight of traffic, code violations.

After allegations from some Locustwood residents that the dealership was not adhering to the conditions, the Township in April 2023 rescinded the dealership's zoning permits, which has prevented it from demolishing the two homes and continuing with its parking project.

The quality of the evidence that Cherry Hill Dodge was violating the agreement came under question by Judge Kassel at a session on December 6.

"The strongest part is whether or not the decision by Cherry Hill to revoke the permits was based upon substantial evidence," the judge said at the hearing. "In other words, what I'm looking for is what is the evidence," he said later during the hearing.

Residents made formal complaints to the Township, including thousands of emails and videos of what they said were violations of the agreement. The neighbors said they continued to hear car horns going off in the dealer parking lot as, they presumed, workers were searching for cars. They also said some of the dealer's suppliers continued to unload on Fulton Street, a heavily used exit from Route 70 westbound.

A Township zoning enforcement officer also identified 28 incidents over a two-week period early in 2023, according to court records.

The judge and the lawyers, Laura D. Ruccolo representing the dealership and Eric J. Riso for the Township, deeply discussed the evidence, the right the Township had to rescind the zoning permits and other parts of the case during the four-hour December summary judgment hearing. 

"There is no law that's been cited to this court that says that Cherry Hill didn't follow the Municipal Land Use Law," Riso told the judge.

In his order, Judge Kassel dismissed the dealership's other claims, including those seeking monetary damages.

"We are pleased the judge dismissed all other claims in this case, siding with the Township and finding the plaintiff's remaining allegations baseless and without merit," Mayor Fleisher said in his statement on Thursday.