Route 202 Billboard Application Delayed Amid Pending Lawsuit In Raritan

RARITAN, NJ — A hearing on a billboard application proposed for Route 202 will be delayed until July after concerns were raised about separate litigation involving the same organization.

At the June 24 meeting, the Raritan Planning Board voted to carry an application by IAAT Services LLC to its July 22 meeting.

The applicant had appeared to seek a use variance to erect a 50-foot-high digital billboard at 1137 Route 202 South in Raritan, which Classic Auto Body occupies.

The location is near Charlotte Drive in Bridgewater and Cafe Emilia.

Before the hearing began, one board member said, "I would like to make a motion that we postpone the application until the current suit is either withdrawn or adjudicated."

The member said the group was "already suing this board as well as the Borough Council" over another application.

In September 2025, IAAT Services LLC previously proposed a 62-foot-high digital billboard on Route 202 near the First Avenue intersection.

The Raritan Planning Board denied the application, which triggered a lawsuit from IAAT Services on Dec. 15, 2025, claiming the Planning Board's denial on Sept. 25 "is arbitrary, capricious, unreasonable, unconstitutional, unsupported by substantial evidence, and must be reversed."

Board Attorney Matthew Flynn confirmed that IAAT Services filed an application last year that was denied and that matter "is under active litigation."

Flynn also said, "the mere fact that the applicant on another site is suing the borough and the board does not preclude the board from hearing the application."

According to Flynn, the board still must act within 120 days unless the applicant extends the time.

"I’m not in a position to tell the board that it can just table this until the litigation is resolved," said Flynn.

Flynn added that even if the board waited the maximum time allowed under the Municipal Land Use Law, it would still be within the period of trial briefing discussed at the meeting.

"We want to proceed. We believe this application will stand on its own, has nothing to do with the other application," the applicant's attorney said.

The attorney also said the applicant "would not consent" to tabling the matter in a way that extended the automatic approval deadline.

After discussion with the board and counsel, the applicant's attorney agreed to come back to the next meeting.

At one point, Mayor Don Tozzi said, "As mayor, I don’t feel comfortable voting on this tonight."

Flynn then suggested the board list the matter for July so counsel could provide guidance on "potential extension of the time frame" and how the application should proceed.

The board ultimately voted to carry the matter to the July 22 meeting at 6:30 p.m.

To see the full application for the proposed billboard, visit raritanboro.org/_Content/pdf/Pl-Bd-App-2026-001-IAAT-Services-LLC.pdf.

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