Brick Votes to Purchase Lot That Was Subject to ‘Antisemitic’ Litigation

A home proposed where lilinois Avenue, New Jersey Avenue and Pennsylvania Avenue meet in Brick, NJ. (Credit: Planning Document/Google Maps)

A “severely” undersized Brick lot that was cleared for development after its owners claimed antisemitism drove a zoning denial has been approved for purchase by the township council.

The township’s zoning board, in February 2025, rejected the application of Esther Cohen and Naomi Elkins, co-owners of the property – which does not currently have a postal address – to develop the triangular-shaped piece of land where Illinois Avenue, New Jersey Avenue and Pennsylvania Avenue come together. The three streets meet in the middle of a neighborhood between Lanes Mill and Sally Ike roads in the Herbertsville section, with the proposed single-family home having frontage on both Illinois and Pennsylvania avenues. The lot measures 4,812 square feet, however the township’s zoning ordinance requires a minimum of 9,000 square feet to build a home on a corner lot in the R7.5 residential zone, where the property is located.

Cohen and Elkins sued after the decision was rendered by the board, arguing the board “caved to public opinion” due to the ultra-Orthodox Jewish status of the developers. Elkins, pursuant to an unrelated case, is now being held in a psychiatric institution after drowning her daughters, ages 1 and 3, in a Lakewood bathtub after stabbing one of them in June 2024. It was not clear how her status affected the real estate transaction; officials referred to the person with whom they were working with on the sale as “he” at a council meeting Tuesday night.

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Superior Court Judge Francis Hodgson ordered Nov. 12, 2025 that the zoning board’s denial of the proposal to build a home on the lot – described as “severely undersized” by the township planner – be overturned, stating in his decision that the board’s “denial of this application with variances is arbitrary, capricious and unreasonable” for reasons set forth in an earlier oral decision issued from the bench. The audio of the oral decision was not accessible in the court system’s database.

The complaint made allegations of anti-Semitism on the part of neighbors who objected to the lot’s development at the zoning board meeting. The owners of the property, according to the complaint, were wearing traditional Orthodox-style clothing at the meeting. Several questions from neighbors “were perceived by Ms. Elkin’s husband as anti-Semitic,” the complaint stated. Example of such questions, the complaint said, include: “What kind of clients are they going to attract to the area,” and further questions as to whether or not the owners intended to live in the home themselves or use it as a rental property.

Hodgson ruled that the board’s denial be overturned, and that the owners did not have to return to the board for a new hearing. Instead, they would be able to proceed building on the property as long as they complied with “any conditions agreed to at the zoning board hearing.” The judge also said the developers should meet with the township’s engineering and planning professionals to discuss a proposed driveway for “safety purposes.”

A home proposed where lilinois Avenue, New Jersey Avenue and Pennsylvania Avenue meet in Brick, NJ. (Credit: Planning Document/Google Maps)

The purchase of the lot by the township appeared on an agenda for Tuesday night’s council meeting via two items: a resolution authorizing a budget amendment to fund the purchase, and a bond ordinance to appropriate the funds. The council unanimously voted to approve each measure, however Republican members of the council stated they were not made aware of the purchase until just prior to the start of the meeting. They also questioned the agreed-upon price of $125,000, considering the property was sold for $20,000 prior to the matter being brought to the zoning board. Officials said, however, that the $20,000 price was the result of a private sale when it was thought the lot was unable to be developed, whereas an appraiser determined the present value. The township is obligated by law to purchase the lot for the appraised value.

“I was taken off guard with this even being on the agenda, because we were unaware that the possibility of even purchasing this property existed, and we’re finding out about it the night of a council meeting,” said Councilman Gregory Cohen. “This is not transparent government.”

The agenda that included the purchase details was published to the township’s website Friday, June 5. Mayor Lisa Crate said the Brick Open Space Savers Committee previously reviewed the property for preservation and determined it met their “rigorous” criteria.

“There was significant public request that this be acquired,” said Business Administrator Joanne Bergin. “They did not want to see residential [built] there, so it is part and parcel with many other requests. The difference here is that you have to have a willing seller, and that seller has to be willing to sell it to a municipality, which is limited to a finite amount as to what they can spend on a property. We can’t negotiate – we have to go on appraised value.”

The bond appropriation for $118,750, to support the total sale price of $125,000, is subject to a public hearing and second vote before final adoption. That is scheduled for June 23, 2026. The bond ordinance leaves open the possibility that the township could receive state or county funding to defray some of the acquisition costs.