In TSI East Brunswick, L.L.C. v. Zoning Bd. of Adjustment of Twp. of East Brunswick, the Supreme Court of New Jersey considered the standard of proof required for securing a variance for a conditional use. The court concluded that applicants are not required to prove the negative criteria by an
The New Jersey municipality of Mount Holly will take center stage before the U.S. Supreme Court next term. The justices have agreed to consider Mount Holly v. Mount Holly Gardens Citizens in Action, which centers on whether disparate impact claims can be brought under the Fair Housing Act. The Fair
The Appellate Division of the New Jersey Superior Court recently examined the relationship between the state’s Local Budget Law and the Faulkner Act. The Local Budget Law limits municipal budget increases to 2.5 percent of the previous year’s final appropriations or the cost-of-living adjustment, whichever is less. However, there are
Earlier this month, the Supreme Court of New Jersey issued yet another decision regarding the state’s controversial affordable housing program. By a vote of 5-2, the panel held that Gov. Chris Christie’s attempt to abolish the Council on Affordable Housing (COAH) exceeded his authority. As previously discussed on the Scarinci
In Zimmer v. Castellano and Booker v. Rice, the Appellate Division of the New Jersey Superior was asked to determine the legal effect of abstention. The specific question before the panel was whether the a city council has the authority to deem a council member’s abstention to be a “no”
The Appellate Division of the New Jersey Superior Court recently held that a trial court cannot reinstate a condemnation commissioners’ award fixing just compensation for a temporary taking after dismissing both parties’ appeals in the condemnation case. The Facts of the Case In State of New Jersey, by the Commissioner
The New Jersey Supreme Court recently clarified whether an application for a use variance based on the assertion that the site is “particularly suitable for the proposed use” requires proof that the project must be built on that site because it is the only one available. The issue arose because
Reports Show That Townships Lack of Review Allows Law Firms to Get Away With Over-billing A recent report by the Office of the State Comptroller finds that local public entities may not by adequately reviewing their legal bills. In light of this, government entities may be missing excessive fees, improperly
