As the New Year begins, we will be taking a look back at the public law developments that took place in 2015. In the area of land use, there were a number of legal developments that impacted both public entities and private developers. Below is a brief recap of some
In 2008, New Jersey first passed the Permit Extension Act, which suspends the running of the period of any covered permit or approval in existence during the “extension period.” Given that the New Jersey legislature has taken no further action, the statute will likely sunset at the end of the
A recent Appellate Division decision highlights the factors that New Jersey zoning boards must consider when determining whether to grant a height variance under the Municipal Land Use Law (MLUL). In Jacoby v. Zoning Bd. of Adjustment of Borough of Englewood Cliffs, the appeals court found the zoning board erred
In Matula v. Township of Berkley Heights, the Appellate Division refused to dismiss a suit alleging that conflicts of interest prevented a planning board and township council from passing resolutions related a potential property exchange between the township and local church. The majority of members of the Board and Township
In Fair Share Housing Center v. Zoning Board of Hoboken, et al., the Appellate Division considered five consolidated appeals filed to determine the enforceability of an affordable housing ordinance adopted by the City of Hoboken. The appeals court ultimately determined that the ordinance was enforceable, overturning the trial court’s ruling.
In Pennsgrove Associates, LP, et al. v. Carneys Point Township Planning Board, et al., the Appellate Division of the New Jersey Superior Court held that an agreement executed between a developer and planning board regarding the payment of legal fees did not amount to an unlawful quid pro quo arrangement.
The Appellate Division recently upheld a decision by the Board of Public Utilities (BPU) to reject an application to build a wind farm off the coast of New Jersey. The case is In re Petition of Fishermen’s Atlantic City Windfarm LLC. The Legal Background In 2010, Gov. Chris Christie signed
Legislation is advancing through the New Jersey Senate that aims to facilitate private financing of water conservation, storm shelter construction, and flood and hurricane resistance projects through the use of voluntary special assessments. The State Assembly has passed the bill; it has since been reviewed and reported out by the
