NJ Appeals Court Upholds Ordinances Imposing Landlord Fees

In Christopher C. Cona v. Township of Washington, the Appellate Division upheld a local ordinance imposing certain landlord fees. In reaching its decision, the appeals court distinguished the matter from Timber Glen Phase III v. Township of Hamilton, which struck down an ordinance requiring landlords to be licensed and pay

NJ Appeals Court Uphold Municipality’s Age Restrictions for Development Project

In AvalonBay Communities, Inc. v. Township of South Brunswick Zoning Board of Adjustment, the Appellate Division held that the South Brunswick Zoning Board of Adjustment (Board) properly denied a developer’s application for a use variance. The appeals court agreed that AvalonBay Communities, Inc. (Avalon Bay) had failed to provide any

NJ Supreme Court Clarifies MLUL Time of Application Rule

In Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Twp., the Supreme Court of New Jersey (MLUL) clarified the Time of Application Rule. It held that an application for development is only complete when all required documents are submitted for review, including all documents mandated under a municipal

NJ Supreme Court Rejects Appellate Division’s Expanded Rice Notice Requirements

In the recent decision of Kean Federation of Teachers v. Ada Morell,the Supreme Court of New Jersey clarified two requirements under the New Jersey Open Public Meeting Act (“OPMA”): (1) to make meeting minutes “promptly available” to the public as required by     N.J.S.A. 10:4–14; and (2) to provide employees, whose employment

SCOTUS Rules Agency Shop Fees Are Unconstitutional

The U.S. Supreme Court dealt a crushing blow to the country’s public unions in Janus v. American Federation of State, County, and Municipal Employees, Council 31. By a vote of 5-4, the Court held that public-sector “agency shop” arrangements run afoul of the First Amendment. The Court also expressly overruled

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

In Mikhail v. Lauritsen, the Appellate Division of the New Jersey Superior Court addressed when municipalities may extinguish a nonconforming use. The court specifically considered the test for determining when a nonconforming use has been more than partially destroyed in making this evaluation.  Legal Background N.J.S.A. 40:55D-68 authorizes the restoration