QuickChek has officially filed suit against the Edison Zoning Board of Adjustment following the denial of part of the chain’s proposal to build a new c-store in the city, reported MyCentralJersey.com.
Earlier this year, the zoning board voted 5-2 against QuickChek and denied the use variance required for the full location, meaning the chain would have to separate fuel services and c-store uses in order to operate at the site.
Now, the company is looking to have the board’s decision overturned and the application remanded to the board with new conditions.
The lawsuit contends that the zoning board “wrongfully substituted the lay opinion of the public in place of the expert testimony presented by QuickChek when it found that the application had a negative impact on traffic conditions.”
The lawsuit also argues that the board should not have separated fuel services from c-store uses when voting to deny the application.
QuickChek currently has a contract to lease the 2-acre property, which at the time of the application, was in a planned business zone where retail and wholesale household and business supplies stores are permitted, but gas and automobile service stations require a use variance.
The chain sought the use variance to demolish the surrounding buildings and construct a 5,670-square-foot c-store with indoor and outdoor seating, eight gas pumps, two low-flow diesel dumps and more.
Five public hearings have already been held since October 2022, with QuickChek pleading its case that traffic patterns will not be adversely impacted by the project.