The Corporation of the Township of Augusta brought a motion for summary judgment to dismiss a claim by residential landowners (plaintiffs) alleging the Township breached a duty of care and acted in bad faith regarding site plan approvals for an adjacent trucking terminal.
The plaintiffs contended the Township's decisions were operational, not policy, and demonstrated bad faith by approving a non-permitted use and later an expanded site plan despite ongoing nuisance complaints.
The court found the Township's decisions were policy decisions, protected by statutory and common law immunity, provided they were made in good faith.
The plaintiffs failed to meet the high burden of proving bad faith, which requires demonstrating arbitrary, capricious, dishonest, or ulterior motives, or actions so patently unreasonable as to exceed governmental discretion.
The court dismissed the claims against the Township, but noted the plaintiffs could still pursue claims against the trucking company for negligence and nuisance.