In Jai Sai Ram, LLC et al. v. Planning/ Zoning Bd. of the Borough of S. Toms River et al., the Appellate Division held that the time of application rule does not apply where, after a property owner or developer submits an application for a use variance, the municipality amends
In a win for municipalities, the Appellate Division of the New Jersey Superior Court held that municipal affordable housing obligations do not include a “separate and discrete” gap-period obligation. In reaching its decision, the appeals court cited the core principles of the Mount Laurel doctrine and the plain language of
A New Jersey Court recently considered the reach of New Jersey’s Uniform Housing and Affordability Controls (N.J.A.C. 5:80-26.1 to -26.26) (UHAC). The affordable housing case involved whether and to what extent a municipality may unilaterally extend the thirty-year deed restrictions regulating the resale and rental prices of certain affordable housing
Legislation is currently pending in the New Jersey Senate and Assembly that would clarify municipal affordable housing obligations. The proposed bills clarify that such obligations should only reflect present and prospective need. As previously discussed on the Scarinci Hollenbeck Government & Law Blog, an Ocean County Superior Court Judge recently
The Appellate Division of the New Jersey Superior Court recently upheld the trial court’s order granting a builder’s remedy in Cranford Development Associates LLC v. Township of Cranford. In reaching its decision, the appeals court rejected a number of arguments raised by the Township of Cranford. The Facts of the
A New Jersey federal district judge recently rejected North Jersey Vineyard Church’s request for injunctive relief, which would have required the Township of South Hackensack to approve the church’s site plan application. The court’s decision is the latest in a series of legal disputes between the two parties. Facts of
A recent appellate decision reinforces that New Jersey municipalities must exercise care when drafting and amending zoning ordinances. In Nelson’s Corner Assoc. LLC v. Twp. of Hillsborough, the Appellate Division of the New Jersey Superior Court held that a dialysis center was permitted under the Township of Hillsborough’s local zoning
An Ocean County Superior Court Judge recently considered whether the court has the authority to impose an obligation upon municipalities to satisfy the affordable housing need which arose from the end of the second round housing cycle in 1999 to the present. In his opinion, Judge Mark Troncone held that
