Lawsuit seeks to restrict use of athletic fields at St. Joseph-Metuchen

Two Metuchen residents have filed a lawsuit against neighboring Saint Joseph High School, as well as the Metuchen Zoning Board of Adjustment and the borough, over the school permitting outside groups to use the Plainfield Avenue campus’s athletic fields, which they say creates noise and traffic issues in the neighborhood.

Susan Marshall, a former mayor, and Katherine Marshall, who both live on Plainfield Avenue, are suing to have a 2023 zoning board resolution overturned that granted the use of the school's facilities to outside groups, while also alleging conflicts of interest by zoning board members.

They also allege the school and the Brothers of the Sacred Heart, which operate the school, have long received favorable treatment at the expense of neighborhood residents.

"After two days and hours of testimony from all parties on all sides the Metuchen Zoning Board voted to allow Saint Joseph High School to host six night sporting events. We are disappointed that two residents decided to challenge that decision. Nevertheless, we respect the process and their right to continue their challenge and look forward to the court's ratification of the carefully considered decision of the Zoning Board," Saint Joseph High School and Brothers of the Sacred Heart said in a statement.

"While the Borough is restricted in what it can say regarding pending litigation, we appreciate that most of our residents understand Borough efforts to balance interests among neighbors," said Metuchen Business Administrator Melissa Perilstein.

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Resident Megan Sullivan, who for 19 years has lived on Miller Drive, located across Plainfield Avenue from the school, said the night games were fantastic, not disruptive and good for the community. Her son played in one of the night games.

"I thought it was a really good sense of community. It was over early. Metuchen High School does the same thing," Sullivan said, adding Metuchen police have been good about blocking off her street with barriers to prevent parking issues or other disruptions to residents. "I moved near a school, and I expected to be seeing that community near me and it's been kind of a nice thing."

According to the lawsuit, before 2014 Saint Joseph High School, which opened in 1961, had a turf athletic field and an oval track, but no stadium or loudspeakers. In 2014 the school wanted to expand the track, build stadium seating, upgrade the turf field, install loudspeakers and a scoreboard in an area near the front yard of the property.

That year the school applied for a use variance and other variances as well as preliminary and final site plan approval to expand its recreation area to build The Brenner Family Field. No traffic or environmental studies were submitted, the lawsuit says.

According to the lawsuit, during the application hearings then-school president Lawrence Walsh gave sworn testimony that the expanded athletic field would be used by St. Joseph students and the teams they play, and there would be no lights on the field, no night games and the facility would not be rented to outside groups.

At that time Walsh said the facility would be used in the fall for soccer games and four or five football games, and about 10 lacrosse games in the spring and the public address system would direct the sound across the field toward the school, rather than toward nearby homes, the lawsuit says.

The Metuchen Zoning Board of Adjustment granted the application, and the active recreation area was constructed. Then around 2019-20 the school, which experienced some financial setbacks, embarked on a new program to offset the financial drain and the recreation area was allowed to be used by outside groups and rented as a revenue-raising measure, including girls soccer, at the all-boys school, and a semipro soccer club, the lawsuit charges.

"Instead of the few interscholastic athletic events testified to as part of the variance application, the use became multiple days a week and virtually every Saturday and Sunday. The overuse of the site caused traffic perils along Plainfield Avenue in Metuchen, Plainfield Road in Edison, parking issues on both Miller Drive and Willow Road and was otherwise disquieting to the neighborhood as the semi pro soccer club FC COPA, blared music and commercials during their tournaments," the lawsuit says.

According to the lawsuit, the school along with the Brothers of the Sacred Heart converted the active recreation area in the front yard into a sports and athletic facility in violation of the zoning code. In addition, the lawsuit says the borough has taken no enforcement and has actively encouraged and facilitated violations.

When the school had a night football game, a demand was made to the borough to enforce the ordinance prohibiting exterior lighting, but instead the borough did not take action and then allowed a soccer match to occur under a lighted field, the lawsuit says.

The lawsuit charges it appears allowing the night games was without the authorization of the mayor and council.

According to the lawsuit, the borough placed sawhorses on Miller Drive and Willow Road after being informed of the traffic situation on Plainfield Avenue in Metuchen and Plainfield Road in Edison caused by the field's overuse. When the borough was informed that placing the sawhorses was an admission of a problem arising from the school's overuse, as well as variance and zoning code violations, the sawhorses were removed, the lawsuit says.

Without any relief, a previous lawsuit was filed by Marshall and other nearby residents which was dismissed so Metuchen could act, the lawsuit says.

The school and the Brothers of the Sacred Heart submitted an application in August 2023 seeking the right to use the field and rent it to outside groups, according to the lawsuit, and a resolution was granted in November 2023 which provided no indication on the basis for granting relief on third-party use.

"The resolution merely says it was a prior condition of approval and use by third parties can be permitted. Even that conclusion is suspect. The issue is discrete and is one that required a variance and not relief from a self imposed condition," the lawsuit says.

"No other property owner in Metuchen has been treated as favorably as was the school and Brothers, nor have property owners been so mistreated as were plaintiffs," the lawsuit charges. "The inaction is outrageous, egregious and arbitrary and constitutes a gross abuse of governmental authority. It not only violated plaintiffs rights, but infected the whole proceeding as the failure to act implied that third party use was acceptable."

Email: srussell@gannettnj.com

Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: St. Joseph-Metuchen High School athletic fields targeted by lawsuit