26-2-9438 Costa v. Lahue, App. Div. (per curiam) (12 pp.) Plaintiffs Anthony Pio Costa, III and Pio Costa Enterprises (“Pio Costa”) and defendants, Robin Lahue, Michael Lahue and the Anton Company (“Anton”) each own certain properties in a commercial/light industrial park known as the Junction. Count One of Pio Costa’s complaint challenges preliminary and final site plan approval granted by defendant Township of Fairfield Planning Board for outdoor storage on a lot owned by Anton in the Junction. The appellate panel finds the judge properly dismissed Count One as untimely. The need to modify the access to the Junction was known to Anthony Pio Costa well before the matter was heard before the Planning Board. Acting on the resolution adopted by the Planning Board, Anton incurred expenses to install the required modifications. In these unique circumstances, the adequacy of the notice provided by the applicant to neighboring property owners did not have the capacity to mislead Pio Costa or to obscure the full extent of the application.
