A New Jersey appeals court has overturned a counsel fee award to a Montclair resident who successfully challenged a local ordinance allowing for the construction of an assisted-living facility.

The three-judge Appellate Division panel on Thursday in Grabowsky v. Montclairsaid a trial judge erred when he awarded a local resident and government watchdog, Richard Grabowsky, $123,225 in counsel fees and costs after he successfully challenged the passage of the ordinance.