The Appellate Division recently addressed whether the Safe Dam Act (SDA) preempts local land use approval requirements as well as municipal ordinances. In United Water New Jersey v. Hillsdale, the court held that the Borough of Hillsdale was preempted by state law from applying such requirements to a dam improvement
The Appellate Division of the New Jersey Superior Court recently held that banning digital billboards, while allowing static ones, does not violate the U.S. Constitution. The trial court had previously held that the Franklin Township ordinance violated the First Amendment. The Facts of the Case The dispute in E&J Equities
Gov. Chris Christie recently issued a conditional veto on legislation that would have retroactively reinstated and extended the moratorium on the collection of the 2.5% developer’s fee on non-residential development projects. In his veto message, the Governor called for more comprehensive reform of the Fair Housing Act and the programs
The U.S. Supreme Court recently agreed to consider whether an Arizona town’s sign ordinance violates the First Amendment, as applied to a local church. Under long-standing First Amendment precedent, content-based restrictions on speech are closely scrutinized and upheld only if they are “narrowly tailored” to a “compelling government interest.” Reed
New Jersey’s Department of Environmental Protection (DEP) is claiming victory after a state judge ordered multiple defendants to pay $6.13 million to reimburse the agency for the costs of cleaning up mercury contamination in Franklin Township. The case, New Jersey Department of Environmental Protection v. Navillus Group, involved the site
Earlier this month the Council on Affordable Housing (“COAH”) issued a new set of draft regulations in response to a recent ruling from the New Jersey State Supreme Court to replace, albeit for the third time, what had been commonly referred to as the “Third Round” regulations. The issuance of
The U.S. District Court for the Northern District of Illinois recently rendered an important decision for all municipal officials. In American Islamic Center v. City of Des Plaines, the court held that city council members accused of discriminating against an Islamic organization in its application to rezone property were entitled
Last week, the Appellate Division of the New Jersey Superior Court ordered the New Jersey Council on Affordable Housing (COAH) to sit down and get to work. The agency had requested an extension of time to promulgate new fair housing regulations, as required by the Supreme Court of New Jersey
