Category: Land Use

U.S. Supreme Court Asked to Consider NJ Church Grant Case

Morris County is asking the U.S. Supreme Court to determine whether excluding religious institutions from receiving taxpayer funds as part of a historic preservation program conflicts with the Supreme Court’s decision in Trinity Lutheran v. Comer and the First Amendment’s Free Exercise Clause.  Facts of the Case In 2002, the

NJ Appeals Court Upholds Ordinances Imposing Landlord Fees

In Christopher C. Cona v. Township of Washington, the Appellate Division upheld a local ordinance imposing certain landlord fees. In reaching its decision, the appeals court distinguished the matter from Timber Glen Phase III v. Township of Hamilton, which struck down an ordinance requiring landlords to be licensed and pay

NJ Appeals Court Uphold Municipality’s Age Restrictions for Development Project

In AvalonBay Communities, Inc. v. Township of South Brunswick Zoning Board of Adjustment, the Appellate Division held that the South Brunswick Zoning Board of Adjustment (Board) properly denied a developer’s application for a use variance. The appeals court agreed that AvalonBay Communities, Inc. (Avalon Bay) had failed to provide any

NJ Supreme Court Clarifies MLUL Time of Application Rule

In Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Twp., the Supreme Court of New Jersey (MLUL) clarified the Time of Application Rule. It held that an application for development is only complete when all required documents are submitted for review, including all documents mandated under a municipal

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

In Mikhail v. Lauritsen, the Appellate Division of the New Jersey Superior Court addressed when municipalities may extinguish a nonconforming use. The court specifically considered the test for determining when a nonconforming use has been more than partially destroyed in making this evaluation.  Legal Background N.J.S.A. 40:55D-68 authorizes the restoration

NJ Senate Committee Advances Bill to Amend PILOT Process

New Jersey lawmakers are currently considering legislation that would increase oversight over local tax abatement agreements. Senate Bill 1701 aims increase transparency regarding payments in lieu of taxes (PILOTs), particularly with respect to how they impact school funding.  As previously discussed in the Scarinci Hollenbeck Government & Law Blog, many New