Author: Patrick J. McNamara

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

New Jersey Supreme Court to Address “Time of Application Rule”

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

New Jersey Municipal Consolidation Bill Signed into Law

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

NJ Supreme Court Issues Affordable Housing “Gap” Ruling

NJ Supreme Court Issues Affordable Housing “Gap” Ruling

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,

NJ Supreme Court Overturns Digit Billboard Ban

NJ Supreme Court Overturns Digital Billboard Ban

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

Third Circuit Addresses School Board’s Liability for Sexual Harassment

New Jersey Supreme Court to Consider Gap-Period Obligation

The Supreme Court of New Jersey has agreed to consider whether municipal affordable housing obligations include a “separate and discrete” gap-period obligation from 1999 through 2015, when the various “growth share” regulations were repeatedly invalidated by the courts. The Supreme Court is scheduled to hear the case by the end

Proposed NJ Bill Bans Third Party Tax Appeals

NJ Tax Court Holds PILOT Payments Don’t Constitute Property Taxes

In Kenneth M. Ruskowski v. Director, Division of Taxation, the Tax Court of New Jersey held that the plaintiff’s in lieu tax payments (PILOT payments) did not constitute “property taxes,” as the term is defined under N.J.S.A. 54:4-8.67. Accordingly, the court ruled that the Director of the Division of Taxation