In Hassan v. Borough of Emerson, the Appellate Division of the New Jersey Superior Court held that a plaintiff’s complaint in lieu of prerogative writs challenging a resolution granting site approval for a redevelopment project was time-barred because it was not filed within the required 45-day period. The court’s decision
Digital billboards continue to spur land use litigation in New Jersey. In Klein Outdoor Advertising, Inc. v. City of Jersey City Zoning Board of Adjustment, the Appellate Division of the New Jersey Superior Court upheld a zoning board’s decision to deny an application to construct a digital billboard on property
On July 1, 2020, Gov. Phil Murphy signed the “Permit Extension Act of 2020” into law. The new law (Assembly Bill No. 3919) extends certain permits, approvals, and deadlines for the duration of the public health emergency associated with the COVID-19 pandemic. The law took effect immediately and is retroactive to
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