In 440 Company-Carriage House, LP v. Zoning Bd. of Adjustment for the Borough of Palisades Park, the Appellate Division vacated the zoning approvals for a high-rise building to be constructed in Palisades Park. The appeals court found that the zoning board’s approval of an application modified sua sponte by the board’s chairman was arbitrary,
In Blake Gardens, LLC v. State of New Jersey, U.S. District Judge Peter Sheridan of the District of New Jersey struck down a New Jersey law that reclassified Alzheimer’s residences as health care facilities and placed them under the jurisdiction of the Department of Health (DOH). The law, New Jersey P.L. 2015 c.
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
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
The Supreme Court of New Jersey recently agreed to consider Dunbar Homes, Inc. v. The Zoning Board of Adjustment of the Township of Franklin. The case involves when a submission to the planning board should be considered an “application for development” that triggers the “time of application rule.” Time of
Gov. Chris Christie recently signed legislation aimed to make it easier for New Jersey communities to pursue municipal consolidation. Senate Bill 956 authorizes special emergency appropriations for the payment of certain expenses incurred to implement a municipal consolidation. Consolidations are governed by the Uniform Shared Services and Consolidation Act, which
The New Jersey Supreme Court recently issued its much-anticipated decision regarding whether municipalities must satisfy the affordable housing need which arose from the end of the second-round housing cycle in 1999 to the present, referred to as the “gap period.” In In Re Declaratory Judgment Actions Filed By Various Municipalities,
The Supreme Court of New Jersey recently struck down a municipal ban of digital billboards. In its decision in E&J Equities v. Board of Adjustment of Franklin Township, the state’s highest court held that the ordinance was unconstitutional under both the United States and New Jersey constitutions. The Facts of