Author: William C. Sullivan

Proposed NJ Bill Expands Use of County and Municipal Open Space Trust Funds

Achieving the proper balance between development and the preservation of open space is a priority for many New Jersey communities. Legislation currently pending before the State Assembly would expand the use of county and municipal open space trust funds to acquire property. Current law, P.L. 1997, C. 24  (N.J.S.A. 40:12-15.1

NJ Tax Court Issues Key Cell Tower Tax Ruling

U.S. Supreme Court Rules Against Municipality in Cell Tower Suit

The U.S. Supreme Court recently issued a decision in T-Mobile South LLC v. City of Roswell, which involved the city’s denial of a cell tower application. The Court held that the federal Telecommunications Act mandates that municipalities provide a written explanation when denying a request, and that the explanation must

New FCC Wireless Rule Limits Municipal Land Use Authority

New FCC Wireless Rule Limits Municipal Land Use Authority

On October 17, the Federal Communications Commission (FCC) approved a new rule that will dramatically limit the ability of New Jersey municipalities to regulate the expansion or modification of existing wireless communications equipment. The new FCC wireless facility siting rule includes measures to expedite the environmental and historic preservation review

Jersey City Updates Tax Abatement Policy and Procedures

Legislation to Extend Permit Extension Act Introduced in New Jersey Assembly

On October 16, several New Jersey lawmakers introduced legislation to extend the Permit Extension Act of 2008 for another two years. The statute, which was first enacted during the recession, extends the expiration date of certain permits and other governmental approvals. As we have previously discussed on this blog, the

NJ condemnation dune

NJ Appeals Court Rules Municipalities May Be on the Hook for Loss of Ocean Views, But Facts May Limit Application of Ruling

As New Jersey communities continue to recover from Hurricane Sandy, the Appellate Division of the New Jersey Superior Court has ruled that property owners may be entitled to compensation when protective sand dunes block their views of the ocean, when the property owners’ claims arise out of the municipality’s breach

NJ fracking ban

New Jersey Municipality Becomes First to Ban Fracking

Last month, the borough of Highland Park became the first New Jersey municipality to ban hydraulic fracturing, which is commonly referred to as “fracking.” While the town does not have any known natural gas deposits, the ban is intended to send a message about the controversial practice and encourage other

New Jersey municipal zoning attorney

Executive Order Will Expedite Dune Construction

Gov. Chris Christie has signed an executive order that will help New Jersey municipalities move forward with dune construction, beach replenishment, and other flood risk reduction measures in the wake of Hurricane Sandy. The action is intended to facilitate the acquisition of privately owned land that is needed to complete

NJ Court Can’t Reinstate Commissioners’ Award After Dismissal of Condemnation Appeal

The Appellate Division of the New Jersey Superior Court recently held that a trial court cannot reinstate a condemnation commissioners’ award fixing just compensation for a temporary taking after dismissing both parties’ appeals in the condemnation case. The Facts of the Case In State of New Jersey, by the Commissioner