Car dealer Charles Foulke Jr. sues Cherry Hill to demolish Wynwood Avenue homes
CHERRY HILL – A car dealer has gone to court in his dispute with township officials over the proposed demolition of two vacant houses near his business.
Charles Foulke Jr. wants to level the homes on the 1300 block of Wynwood Avenue homes to expand an adjacent parking lot for Cherry Hill Dodge.
His lawsuit contends the township’s zoning officer improperly revoked demolition permits in the wake of neighbors’ complaints earlier this year.
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The revocation has turned the homes, both partially demolished, into a public nuisance, Foulke’s suit says.
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"Teenagers have been seen occupying the buildings and leaving empty cans of alcholic beverages,” asserts the suit, filed May 9 in Camden federal court.
“In addition, recently two large vultures have taken up residence in the building, leaving feces on the side of the building,” it says.
David Fleisher, Cherry Hill's council president, defended the township's action.
"Our goal is to protect the neighborhood, and ultimately find a lasting solution," he said. "We did the right thing."
Foulke's business has faced criticism over several years from residents who complain about noise from car horns at the dealership, test drives through their Locustwood neighborhood, and traffic obstruction from deliveries to the business.
Lawsuit accuses critics of misinformation
Foulke received planning board approval in October 2020 to demolish the homes and expand the parking lot.
The board's decision, which followed three marathon meetings marked by residents' objections, required Foulke to make changes to address neighbors' concerns.
The lawsuit says Cherry Hill Dodge changed its policies at the township’s request, but has faced “a concerted campaign of misinformation.”
The pandemic and supply-chain problems delayed the project until December 2022, when Foulke obtained zoning permits for demolition, the lawsuit says.
Workers began preliminary demolition work in January, removing windows, siding and asbestos from both homes.
The lawsuit says opponents then “descended on” the February meeting of Cherry Hill’s township council, where they renewed their complaints and asked officials “again not to allow (Foulke) to complete the parking lot.”
The township’s zoning officer, Kathleen Gaeta, rescinded the demolition permits on April 20, three days after a meeting between residents and township officials, the suit says.
The suit says Foulke was not made aware of the meeting. It also alleges a township official asked the businessman to donate the Wynwood Avenue property for a park.
Foulke attorney: Parking lot is a permitted use
The township and Gaeta are defendants in the suit.
“It is unfortunate that Cherry Hill Township does not want to do the right thing and is willing to waste taxpayer’s money and hurt a business that has been operating for more than 55 years in the same location,” said Laura Ruccolo, a Mount Laurel attorney representing Foulke and a related firm, Lenny Reality LLC.
She said the parking lot would be a permitted use for the Wynwood Avenue properties, which is zoned commercial.
“There was no legitimate basis for Cherry Hill to rescind the zoning demolition permit," Ruccolo said.
The suit contends Foulke’s exclusion from the revocation decision represented a lack of due process and that the township’s action, if allowed to stand, would amount to an unlawful taking of property.
The suit asks a federal judge to order reinstatement of the demolition permits. It also seeks unspecified damages and legal expenses for the plaintiffs.
Jim Walsh is a senior reporter with the Courier-Post, Burlington County Times and The Daily Journal. Email him at jwalsh@cpsj.com.
This article originally appeared on Cherry Hill Courier-Post: Cherry Hill car dealer Charles Foulke Jr. sues over demolition permits
