In Glenn v. City of Cape May Planning Board, the Appellate Division of the New Jersey Superior Court held that a land use application was not barred by res judicata because the City of Cape May Planning Board never reached the full merits of earlier applications related to the site.
In Shipyard Associates v. Hoboken Planning Board, the Appellate Division held that a developer was entitled to automatic approval of a controversial plan to build two high-rise buildings on the Hoboken waterfront because the Hoboken Planning Board (Board) refused to hold a hearing on the application while related litigation was
In a recent decision, the Appellate Division clarified when parties have standing to challenge a site plan approval. The appeals court ultimately concluded that the challengers lacked standing because they lacked an ownership interest or other financial interest in the neighboring property, which formed the basis of their claim of standing.
The City of Newark recently enacted an Environmental Justice and Cumulative Impacts Ordinance. Under the landmark ordinance, developers will be required to provide certain sustainability information to the Board of Adjustment and Central Planning Board as part of an application for land use approvals. The City maintains that the ordinance
New Jersey Chris Christie recently signed legislation that authorizes the New Jersey Department of Environmental Protection (NJDEP) to require public access to waterfront and adjacent shoreline as a condition of waterfront development approvals and permits issued pursuant to the Coastal Area Facility Review Act (CAFRA) and other applicable laws. The
The Appellate Division of the New Jersey Superior Court has again invalidated the New Jersey Department of Environmental Protection’s (DEP) Public Access Rules, holding that the agency has no authority over public access to beaches and other tidal waterways. An appeals court previously thwarted the DEP’s prior attempt at rule-making
A New Jersey district judge recently dismissed part of a lawsuit filed by the Borough of Paulsboro in the wake of a 2012 train derailment and subsequent chemical spill. The federal court held, on a motion to dismiss under FRCP 12(b) (6), that the borough had failed to plead facts
In 62-64 Main Street, LLC, et al. v. The Mayor and Council of the City of Hackensack, the Supreme Court of New Jersey held that, in most instances, a municipality need not expressly find that deteriorated conditions on a property negatively affect surrounding properties, in order to declare the deteriorated
