Municipalities located in the New Jersey Meadowlands District have a big decision to make. Under recent legislation combining the New Jersey Meadowlands Commission (“NJMC”) with the New Jersey Sports and Exposition Authority, cities and towns have the option to reclaim the authority to administer land-use application. Pursuant to the Hackensack
The saga involving New Jersey’s Council on Affordable (COAH) has yet another chapter. The Appellate Division recently enjoined he seizure of any trust funds by COAH or the executive branch. It further held in In Re Failure of the Council of Affordable Housing Trust Fund Commitment Regulations that the courts
On March 10, the Supreme Court of New Jersey transferred the administration of affordable housing rules back to the courts, effectively stripping the “moribund” Council on Affordable Housing (COAH) of any power to regulate where and when affordable housing will be built in New Jersey. The much-anticipated decision opens yet
In Minke Family Trust v. Township Of Long Beach, a New Jersey court recently addressed the authority conveyed to municipalities under the Disaster Control Act (DCA). The specific question raised in the suit is whether the DCA allows a municipality to record a deed of perpetual easement against a property
New Jersey lawmakers are currently considering two companion bills that would make it easier for New Jersey communities to pursue municipal consolidation. The legislation, which has bi-partisan support, recently cleared the by the Assembly State and Local Government Committee. The goal of the proposed bill (A-1739/S-316) is to increase the
In Griepenburg v. Township of Ocean, the Supreme Court of New Jersey addressed the power of municipalities to zone property consistent with their Master Plan and Municipal Land Use Law (MLUL) goals. In addition to finding the ordinances at issue were not were not arbitrary, capricious, or unreasonable, the court
The U.S. Supreme Court recently heard oral arguments in Reed v. Town of Gilbert, which involves whether an Arizona town’s sign ordinance violates the First Amendment. While the Court seemed inclined to give municipalities some leeway in regulating signs, it is unclear where the justices will draw the line. As
Late last month, Gov. Chris Christie again extended the Permit Extension Act of 2008. The statute recognizes that the process of obtaining government approvals can be time consuming and expensive, for both for businesses and government bodies and tolls such permits to prevent the abandonment of approved projects due to
