A recent decision by the Appellate Division of the New Jersey Superior Court highlights the balancing process required for a use variance even when an entity proposes an inherently beneficial use of its property. In 636 Inman LLC v. Woodbridge Twp. Bd. of Adjustment, the court determined that the local
Earlier this month, Gov. Chris Christie signed legislation extending the 2012 Water Quality Planning Act. The law, which was set to expire on January 17, 2014, avoids the automatic withdrawal of sewer service areas. By way of background, the New Jersey Department of Environmental Protection (DEP) implemented Water Quality Management
The Appellate Division of the New Jersey Superior Court recently upheld the dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. The Appellate Division agreed with the trial court that certain procedural errors that occurred during the approval process were technical in nature and
The Appellate Division of the New Jersey Superior Court recently issued an important decision regarding housing projects that feature affordable housing and mixed rate housing. In Advance at Branchburg II, LLC v. Township of Branchburg Board of Adjustment, the Court held that while affordable housing is an “inherently beneficial use”
The Appellate Division of the New Jersey Superior Court recently upheld the decision of the Union City Board of Adjustment to grant a conditional use variance to bring a multi-family apartment containing illegal garden apartments up to modern code. The case, Larry Price v. 636 7th Street, L.L.C. and Union
The Supreme Court of New Jersey has instructed the Council on Affordable Housing (COAH) to go back to the drawing board. It rejected COAH’s proposed a “growth share” methodology for assessing prospective need in allocating a municipality’s fair share of the region’s need for affordable housing. Under the growth share
In Moore-King v. County of Chesterfield, the Fourth Circuit Court of Appeals ruled that “Psychic Sophie” could not avoid a local ordinance that required fortune tellers to obtain a business license by relying on the Religious Land Use and Institutionalized Persons Act (RLUIPA). The federal statute prohibits government from enacting a
The Supreme Court of New Jersey recently considered whether incorrect lot designations contained in a notice of public hearings on an application for a conditional use approval sufficiently complied with the provisions of the Municipal Land Use Law (MLUL) to confer jurisdiction on the Planning Board. In this case, the
