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Kevin J. Coakley 279791972
Nicole B. Dory 027262006
Connell Foley LLP
56 Livingston Avenue
Roseland, NJ 07068
Ph: 973.535.0500
Fax: 973.535.9217
Attorneys for Plaintiffs Larken Self Storage, LLC, Hillsborough Park, LLC, Hillsborough Mini-
Office, LLC, Hillsborough Industrial 5/6 Associates, LLC, Hillsborough Industrial 18/19
Associates, LLC, Jill Court Associates, LLC, Jill Court Associates II, LLC and 133 Stryker
Lane, LLC
SUPERIOR COURT OF NEW JERSEY
HILLSBOROUGH RB LLC,
LAW DIVISION: SOMERSET
Plaintiffs, COUNTY
vs.
Docket No.: SOM-L-848-23
TOWNSHIP OF HILLSBOROUGH and
TOWNSHIP OF HILLSBOROUGH PLANNING
BOARD, CIVIL ACTION
(Consolidated)
Defendants. CERTIFICATION OF COUNSEL
SUPERIOR COURT OF NEW JERSEY
LARKEN SELF STORAGE, LLC,
LAW DIVISION: SOMERSET
HILLSBOROUGH PARK, LLC, HILLSBOROUGH
COUNTY
MINI-OFFICE, LLC, HILLSBOROUGH
INDUSTRIAL 5/6 ASSOCIATES, LLC,
Docket No.: SOM-L-867-23
HILLSBOROUGH INDUSTRIAL 18/19
ASSOCIATES, LLC, JILL COURT ASSOCIATES,
LLC, JILL COURT ASSOCIATES II, LLC, 133
CIVIL ACTION
STRYKER LANE, LLC,
Plaintiffs,
vs.
TOWNSHIP COUNCIL OF THE TOWNSHIP OF
HILLSBOROUGH,
Defendant.
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SUPERIOR COURT OF NEW JERSEY
HOMESTEAD ROAD, LLC,
LAW DIVISION: SOMERSET
Plaintiffs, COUNTY
vs.
Docket No.: SOM-L-887-23
TOWNSHIP OF HILLSBOROUGH, THE
TOWNSHIP OF HILLSBOROUGH PLANNING
BOARD and THE MAYOR AND TOWNSHIP CIVIL ACTION
COMMITTEE OF HILLSBOROUGH TOWNSHIP,
Defendants.
SUPERIOR COURT OF NEW JERSEY
VALLEY INDUSTRIAL PARTNERS LLC,
LAW DIVISION: SOMERSET
Plaintiffs, COUNTY
vs.
Docket No.: SOM-L-894-23
TOWNSHIP COUNCIL OF THE TOWNSHIP OF
HILLSBOROUGH AND TOWNSHIP OF
HILLSBOROUGH ZONING BOARD OF CIVIL ACTION
ADJUSTMENT,
Defendants.
SUPERIOR COURT OF NEW JERSEY
HILLSBOROUGH RB, LLC,
LAW DIVISION: SOMERSET
Plaintiffs, COUNTY
vs.
Docket No.: SOM-L-1048-23
TOWNSHIP OF HILLSBOROUGH PLANNING
BOARD AND TOWNSHIP OF HILLSBOROUGH
ZONING BOARD OF ADJUSTMENT, CIVIL ACTION
Defendant.
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SUPERIOR COURT OF NEW JERSEY
JOHN SHOCKLEY AND LINDA SHOCKLEY,
LAW DIVISION: SOMERSET
Plaintiffs, COUNTY
vs.
Docket No.: SOM-L-1088-23
TOWNSHIP OF HILLSBOROUGH,
CIVIL ACTION
Defendant.
I, Nicole B. Dory, of full age, hereby certify as follows:
1. I am an attorney at law of the State of New Jersey and a partner of the firm of
Connell Foley LLP, attorneys for Plaintiffs Larken Self Storage, LLC, Hillsborough Park, LLC,
Hillsborough Mini-Office, LLC, Hillsborough Industrial 5/6 Associates, LLC, Hillsborough
Industrial 18/19 Associates, LLC, Jill Court Associates, LLC, Jill Court Associates II, LLC and
133 Stryker Lane, LLC (“Plaintiffs”) in the above-captioned matter.
2. I make this Certification in further support of the within Joint Motion for Entry of
Consent Order of Stay, which is being filed jointly with William Willard, Esq., on behalf of
defendant Township of Hillsborough (“Township”).
3. Plaintiffs filed the matter captioned Larken Self Storage, LLC et als. v. Township
of Hillsborough, bearing Docket No. SOM-L-867-23, against the Township on July 31, 2023,
which concerns whether the Township’s adoption of Ordinance 2023-08 to remove warehouse,
shipping and receiving facilities as permitted principal uses in the LI District and other Industrial
Districts in the Township complied with the requirements of the law or should otherwise be
invalidated.
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4. Plaintiffs and the Township have conferred and desire to fully and finally resolve
the claims between and among them in the matter bearing Docket No. SOM-L-867-23 pursuant to
a Settlement Agreement that has been negotiated between the parties.
5. On September 24, 2024 the Township voted to approve the Settlement Agreement
to resolve this action.
6. Attached hereto as Exhibit A is a true and correct copy of the Settlement
Agreement that has been executed by Plaintiffs and the Township to resolve this matter.
7. Plaintiff and the Township are filing the within motion to request the Court’s entry
of the enclosed proposed Order of Stay of four (4) months so that the parties may effectuate the
terms of the Settlement Agreement to resolve this matter.
8. A four-month stay is requested because the parties entered into a settlement
agreement that has several steps to complete and is conditioned upon the scheduling of public
meetings, which to date have not occurred and will take additional time to complete.
9. Pursuant to Court Rule 1:1-2 this Court is permitted to relax the requirements or
construction of any rule to “to secure a just determination, simplicity in procedure, fairness in
administration and the elimination of unjustifiable expense and delay.” The grant of a brief stay to
allow the parties to resolve this matter will achieve one or more of these goals.
10. Upon the completion of the terms of the settlement on or before the expiration of
the stay, Plaintiff will file the Stipulation of Dismissal or otherwise notify the Court if settlement
cannot be effectuated.
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I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
/s/Nicole B. Dory
Nicole B. Dory
Dated: September 27, 2024
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EXHIBIT A
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SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is dated as of the ________ 26th day of
September
___________________, 2024, by and among LARKEN SELF STORAGE, LLC, HILLSBOROUGH PARK, LLC,
HILLSBOROUGH MINI‐OFFICE, LLC, HILLSBOROUGH INDUSTRIAL 5/6 ASSOCIATES, LLC, HILLSBOROUGH
INDUSTRIAL 18/19 ASSOCIATES, LLC, JILL COURT ASSOCIATES, LLC, JILL COURT ASSOCIATES II, LLC AND
133 STRYKER LANE, LLC, with offices at c/o Larken Associates, 1250 Route 28, Suite 101, Branchburg,
New Jersey 08876, (collectively “Larken Entities”), and the TOWNSHIP OF HILLSBOROUGH, a municipal
corporation of the State of New Jersey, with offices at 379 South Branch Road, Hillsborough, New Jersey
08844 (“Township”), (Larken Entities and the Township are sometimes referred to herein individually as
a “Party” and collectively as the “Parties”).
RECITALS:
WHEREAS, Larken Entities are owners of properties identified as (i) 255 Homestead Road and
identified as Block 200.02, Lot 9, (ii) 1 Ilene Court, Block 200.05, Lot 1; (iii) 2 Ilene Court, Block 200.04,
Lot 1; (iv) 5 Ilene Court, Block 200.05, Lot 2; (v) 6 Ilene Court, Block 200.04, Lot 2; (vi) 9 Ilene Court, Block
200.05, Lot 3; (vii) 219 Homestead Road, Block 200.04, Lot 6; (viii) 109 Stryker Lane, Block 200.02, Lot 8;
(ix) 115 Stryker Lane, Block 200.02, Lot 7; and (x) 249 Homestead Road, Block 200.02, Lot 10, (xi) 14
Ilene Court, Block 200.4, Lot 4, (xii) 15 Ilene Court, Block 200.05 Lot 4, (xiii) 120 Stryker Lane and
identified as Block 200.05, Lot 5, (xiv) 125 and 121 Stryker Lane and identified as Block 200.02, Lots 5
and 6; (xv) 126 and 132 Stryker Lane and identified as Block 200.06, Lots 18 and 19; (xvi) 1 and 2 Jill
Court and identified as Block 200.5, Lots 15 and 6; (xvii) 5, 3, 4 and 6 Jill Court and identified as Block
200.05, Lots 13.01, 14.01, 7.01 and 8.01, (xviii) 133 Stryker Lane and identified as Block 200.06, Lot 16,
all as identified on the Township’s tax map; and the properties at (i) through (xviii) herein are
collectively referenced herein as the “Larken Properties;”
WHEREAS, on June 13, 2023 the Hillsborough Township Committee (“Township Committee”)
adopted Ordinance 2023‐08, entitled “An Ordinance Amending Chapter 188 ‘Land Use and
Development’, Article I ‘Title; Purpose; Definitions’, Section 188‐3 ‘Words and Terms Defined’ and
Article V ‘Districts and Standards’, Section 188‐106 ‘I‐1, I‐2 and I‐3 Light Industrial Districts’, Section 188‐
107 ‘GI General Industrial District’, And Section 188‐107.1 ‘LI Light Industrial District’ of the Code of the
Township of Hillsborough, Somerset County, New Jersey, To Remove Warehouse, Shipping And
Receiving Facilities As Principal Permitted Uses In These Districts (“Ordinance 2023‐08”);
WHEREAS, the Larken Properties are located in the LI Light Industrial District of the Township
and prior to the adoption of Ordinance 2023‐08 all uses of the Larken Properties that included
warehouse, shipping and receiving and similar uses were zoned as permitted uses in the LI District
where the Larken Properties are located;
WHEREAS, the Larken Entities and the Township are parties to the civil action that is currently
pending before the New Jersey Superior Court, Law Division, captioned Larken Self Storage, LLC et als. v.
Township of Hillsborough, Docket No. SOM‐L‐867‐23 (“Larken Litigation”);
WHEREAS, the Larken Litigation has been consolidated with other lawsuits filed by other parties
that are not parties to this Agreement, which includes the matters filed by Hillsborough RB LLC,
captioned Hillsborough RB LLC v. Township of Hillsborough and Township of Hillsborough Planning
21858/142813
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