Rebuilding in the wake of Superstorm Sandy continues throughout New Jersey. For homeowners and municipalities, ensuring compliance with new federal flood guidelines and existing local land use ordinances has proven challenging. To address the problem, Gov. Chris Christie recently signed legislation that permits limited exemptions to local land use restrictions
Earlier this month, the Supreme Court of New Jersey issued yet another decision regarding the state’s controversial affordable housing program. By a vote of 5-2, the panel held that Gov. Chris Christie’s attempt to abolish the Council on Affordable Housing (COAH) exceeded his authority. As previously discussed on the Scarinci
The New Jersey Supreme Court recently clarified whether an application for a use variance based on the assertion that the site is “particularly suitable for the proposed use” requires proof that the project must be built on that site because it is the only one available. The issue arose because
On June 7, the Appellate Division of the New Jersey Superior Court again halted the Council on Affordable Housing’s (COAH) process to seize unused affordable housing trust funding. The order vacates the stay on the taking of the housing trusts funds, but also states that COAH cannot continue with efforts
New Jersey municipalities have again received letters from the New Jersey Council on Affordable Housing (COAH) regarding the seizure of unused affordable housing trust funding. However, a recent court order provides at least a temporary reprieve. The Fair Share Housing Act allows the state to seize money that has gone
The Third Circuit Court of Appeals recently ruled on an interesting case involving the Borough of Palmyra’s closure of an open-air market located on the site of a military weapons-testing facility. The court ruled that the municipality validly exercised its police power to restrict the owner’s access to the property
Superstorm Sandy caused an estimated $30 billion in damage to the state of New Jersey. As rebuilding efforts ramp up and federal assistance becomes available, Gov. Chris Christie recently signed legislation aimed to ensure sufficient oversight over the expenditure of Hurricane Sandy recovery resources. Accordingly, public entities must follow certain
Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy. In an effort to help municipalities gain easements for these projects, proposed legislation aims to limit condemnation awards to the owners of oceanfront homes. The bill, S-2618/A-3896, would amend the “Eminent Domain
