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 site plan approval process often causes headaches for New Jersey municipalities and developers alike. The process is further complicated when the property changes hands multiple times and takes years to get off the ground. In Courter v. Absecon Planning Board, the Appellate Division of the Superior Court of New
State agencies in New Jersey may soon relinquish their veto power over certain court rulings. The New Jersey Assembly recently approved legislation that would give the final decision to administrative law judges (ALJ) rather than allow the heads of state agencies to veto or modify rulings. The change would apply
The New Jersey Supreme Court recently considered what happens when more than one entity plays a role in handling a property’s sewage. The court concluded that both entities were entitled to collect a non-duplicative sewer connection fee. The Facts of the Case Under the New Jersey Sewerage Authorities Law, N.J.S.A.
The New Jersey Division of Local Government Services Local Finance Board wants to make sure that counties and municipalities are paying their bills on time. It recently proposed two new rules that would alter the procedures for the payment of local unit debt obligations. According to the rule proposal, “Local
Celebrity doctor Mehmet Oz recently won a New Jersey zoning dispute with his next-door neighbors in Cliffside Park. The suit also named the Borough of Cliffside Park and several of its officials. The Appellate Division held that the neighbor, Angelo Bisceglie Jr., failed to exhaust his administrative remedies before filing
“No Trespassing” and “No Loitering” signs can be an effective means for New Jersey municipalities to deter criminal activity and prevent injury lawsuits. A new decision by a New Jersey appellate court clarifies just how much legal weight these signs carry. State v. Gibson specifically considered whether it mattered that
