Late last month, Gov. Chris Christie again extended the Permit Extension Act of 2008. The statute recognizes that the process of obtaining government approvals can be time consuming and expensive, for both for businesses and government bodies and tolls such permits to prevent the abandonment of approved projects due to
The New Jersey Supreme Court recently heard oral arguments in Grabowsky v. Twp. of Montclair. The key issue in the case is whether municipal officials should be precluded from participating in development approvals if they belong to organizations that may be impacted by the project. The Facts of the Case
In Dublirer v. 200 Linwood Avenue Owners, the Supreme Court of New Jersey recently held that a co-op’s leaflet ban was unconstitutional. In reaching its decision, the court clarified the standard to evaluate restrictions on free speech in a common-interest community like the building in this case. The Facts of
The Appellate Division recently addressed whether the Safe Dam Act (SDA) preempts local land use approval requirements as well as municipal ordinances. In United Water New Jersey v. Hillsdale, the court held that the Borough of Hillsdale was preempted by state law from applying such requirements to a dam improvement
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
In New Jersey Natural Gas Company v. Borough of Red Bank, the Appellate Division of the New Jersey Superior Court addressed whether the New Jersey Natural Gas Company’s (NJNG) installation of aboveground gas regulators in public sidewalks were subject to the borough’s development regulations. The court ultimately concluded that gas
In a recent decision, the Appellate Division of the New Jersey Superior Court vacated a resolution passed by the City of Hoboken because it misapplied a requirement under New Jersey’s Local Redevelopment and Housing Law (LRHL). Facts of the Case The dispute in Neumann v. City of Hoboken concerns Resolution
On October 20, 2014, the Council on Affordable Housing (COAH) reached a deadlock and failed to adopt the proposed “third round regulations.” A motion to table the regulations for 60 days also failed by a three to three vote. The Supreme Court of New Jersey required COAH to adopt Third Round
