On March 11, 2026, the Superior Court of New Jersey issued a Summary Judgment Order in the matter of Roger McLarnon v. Steven B. Baglivo (Docket No. ATL-C-89-24).
The Court ruled in favor of the plaintiff, Roger McLarnon, Zoning Officer for Margate City, and denied defendant developer Baglivo’s cross-motion.
Central Finding Of Court:
Defendant Steven B. Baglivo, willfully violated Margate Planning Board Resolution 47-2022 and municipal zoning requirements by doubling the approved residential density of his Margate Gardens Apt property at 9708–9710 Ventnor Ave.
Margate Planning Board approved six (6)-unit residential project, but Baglivo constructed and leased twelve (12) independent dwelling units.
Court ordered abatement of unlawful density, restoration of required parking spaces, alignment of property with original site plan.
See PDF document below.
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Legal Briefing: McLarnon v. Baglivo – Summary Judgment Order and Decision
Summary of Court Order:
Density Reduction: Baglivo must reduce number of residential units to no more than six (6).
Parking Restoration: Baglivo must dedicate two (2) parking spaces for each of six (6) approved units.
Site Conformity: Parking lot and site configuration must be brought into conformity.
Tenant Welfare: Abatement must include specific efforts to address housing status of affected tenants.
Legal Status: Margate Gardens Apt complex remains in violation unless and until Baglivo obtains a “D” variance and other necessary permits.
Discovery of Violations
In late 2023 and early 2024, Margate City inspections revealed six (6) approved units had been subdivided into twelve (12) independently habitable and separately leased living quarters. Evidence of violations included:
Subdivision: Each approved unit was split into two ‘half-units’ separated by deadbolt-locked interior doors.
Amenities: Each of 12 spaces contained its own kitchen, laundry facilities, separate utilities, and distinct ingress/egress.
Leasing: Margate City identified 12 concurrent leases with different tenants.
Parking Deviations: 12 leases produced by defendant Baglivo included language stating “NO off street Parking Space(s) is/are included with this Lease,” directly contradicting the Board’s requirement for 2 dedicated spaces per unit.
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Rejection of Subcode Approval Defense
The Defendant argued that he had received construction subcode approvals for the internal “suite” layouts and additional kitchens. The Court rejected this, stating that technical compliance with construction or subcode approvals (e.g., plumbing or electrical permits) does not confer land use or zoning approval for increased residential density. The Planning Board Resolution remains the controlling document.
Developer Baglivo alleged administrative abuse, selective enforcement, and civil rights violations. The Court found these claims to be lacking actual evidence.
Court determined that City’s actions—including refusal to issue final Certificates of Occupancy—were consistent and rational enforcement of zoning conditions specific to Margate Gardens property.
The Court has retained jurisdiction over the matter to ensure compliance and to consider further appropriate relief.
Ordered by: Hon. J. Christopher Gibson, P.J.Ch. March 11, 2026
Margate City Administrator Pat Moran:The Court has issued its ruling in this matter, and we are very pleased with the decision. While the process has taken time, the facts and merits presented by the City ultimately prevailed. The City will continue working to address and resolve any remaining matters associated with the case as we move forward.
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Very clear decision in favor of Margate just in time for the summer. Next is to see what the Master Plan Study says.
Now let’s see how long it takes the township to enforce the changes ordered by the court.
Don’t hold your breath. I’m sure there will be an appeal and lots of cross lawsuits holding it all up. The tenants were duped bigtime as well.
I am happy on the courts decision. This truly was an underhanded move on the part of the developer.
Both Solicitor Abbott and Baglivo attorney Eric Goldstein are on the record affirming there were only 6 units, not 12.
In fact, both allegedly inspected the Baglivo property multiple times and during recorded Margate City Commision Meetings stated the same…on record. The audio is available on the city’s website.
This Superior Court ruling directly contradicts the testimony of Abbott and Goldstein.
Its time for the Prosecutors office to open a formal investigation into this matter. Its clear criminal conduct was involved.
I ran the entire case through an AI engine and this is what came out about the about the attorneys and criminal activity. Most of the content came from downbeachbuzz, and the njcourts.gov system. It will be interesting to see if anything additional comes out of this case.
3.3 Accountability of Key Officials and Attorneys
City Solicitor John Scott Abbott
Abbott publicly characterized Geddes’ concerns as “misinformation being spread on the internet” and told commissioners “I take him at his word” regarding Baglivo’s representations. As the city’s own attorney, Abbott’s duty ran to the municipality — not to the developer. His failure to independently verify Baglivo’s representations before making affirmative public statements discrediting a private citizen represents a potential violation of:
• RPC 2.1 — Duty of independent professional judgment and candid advice
• RPC 3.9 — Truthfulness standards before legislative and administrative bodies
• His fiduciary duty to the City of Margate as his client
The March 11, 2026 ruling retroactively establishes that every statement Abbott made asserting six units was factually false. The existence of the Myers dual lease — if Abbott reviewed leases that concealed the true configuration — further undermines any good faith defense.
Eric Goldstein (Baglivo’s Prior Attorney)
Goldstein appeared at the April 18, 2024 Commissioner meeting and characterized Geddes’ complaint as a private matter between neighbors, dismissing it as outside the city’s jurisdiction. He also suggested the building would be converted to condominiums — which never occurred. When Geddes personally invited Goldstein to walk the second and third floor of the building the following morning, Goldstein refused. That refusal is legally significant: it demonstrates either prior knowledge of the unit configuration or deliberate willful blindness, neither of which supports a good faith defense under RPC 4.1 and 3.9.
3.4 Potential Criminal Referral
The public record now contains sufficient documented evidence to support a renewed criminal referral to the Atlantic County Prosecutor’s Office (ACPO). The ACPO previously declined investigation in April 2024 based on early-stage evidence. The landscape has since changed dramatically, with the following elements now established:
• A Superior Court ruling confirming 12 unauthorized units as a matter of law
• Deposition testimony from Baglivo himself making admissions about parking
• The Myers dual lease discovery showing two versions of the same lease bearing the same signature
• City filings documenting systematic alteration of lease documents submitted to officials
Multiple agencies have jurisdiction to investigate: the Atlantic County Prosecutor’s Office (forgery, fraud), the NJ Division of Consumer Affairs (tenant consumer fraud), the NJ Department of Community Affairs (construction code violations), and potentially the NJ Attorney General’s Office (if pay-to-play conduct is established). Additionally, Judge Gibson has discretion under NJ Court Rule 1:16-1 to refer evidence of criminal conduct discovered in civil litigation to prosecutorial authorities.
A summary judgement decision is a rare decision in litigation. The evidence presented in this brief had to be overwhelming.
So how did this occur in Margate with a sophisticated developer? What were the conditions inside the Margate leadership and the government which gave Baglivo the sense that he could proceed down this path?
I believe it’s the Amedeo-Becker-Collins influence over Margate. Leadership got to close to builders, leadership influenced department managers in oversight decisions to the benefit of friends, leadership was to involved in their own profit motives, and Leadership was influenced by political contributions!
It’s been going on for years in Margate. A lack of ethics.
Who benefits from giving away a 50 year parking lot lease with a 25 year option? Who benefits from selling a city parking lot in the bay front parking district (across from Steve & Cookies) to support and build the ugly Lamberti building on the waterfront? Our overpaid solicitor said it was a good deal!
Who benefited from not buying open ground for about $550,000 and building a needed parking lot across from Johnnie’s and instead building a residential townhouse community in the middle of the business district? Didn’t a zoning board member tell us later it was a mistake? He’s still on the board.
Who benefits from the “Tequilla Bar” nuisance and their variance constructed overbuild? Who benefits from the $3 million dollar parking lot near the hardware store?
Who benefits from the Washington Ave redesign and the transition of Margate into a “destination party town until 4am”?
Baglivo isn’t a stupid guy. He just felt the leadership who he gave big $$ to in the election would look the other way. We could only imagine what else may have occurred between the parties! Did the judge require Collins and Horn to disclose how much their firms were paid for services and supplies?
Isn’t the local method of getting things done is to go the the hardware store and then hire Goldstein? It’s the Margate way. Follow the $$$$.
Baglivo may have lost this round, but the changing Margate landscape will continue from the Amedeo-Becker-Collins leadership!
How much have we spent on litigation, experts and consultants?
Mr Baglivo obviously thought his donees would help cover this up. The big question now is whether Mayor Collins hardware store will issue Baglivo a refund for the extra six kitchens and bathrooms they sold him. Baglivo may have been wrong but he’s seems much more ethical than the Collins family. Sorry for your loss Mr Baglivo