A recent decision by the Appellate Division of the New Jersey Superior Court highlights the balancing process required for a use variance even when an entity proposes an inherently beneficial use of its property. In 636 Inman LLC v. Woodbridge Twp. Bd. of Adjustment, the court determined that the local
Earlier this month, Gov. Chris Christie signed legislation extending the 2012 Water Quality Planning Act. The law, which was set to expire on January 17, 2014, avoids the automatic withdrawal of sewer service areas. By way of background, the New Jersey Department of Environmental Protection (DEP) implemented Water Quality Management
The Appellate Division of the New Jersey Superior Court recently upheld the dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. The Appellate Division agreed with the trial court that certain procedural errors that occurred during the approval process were technical in nature and
The Federal Communication Commission (FCC) recently published a Notice of Proposed Rulemaking that may impact how New Jersey municipalities address requests to locate wireless telecommunications equipment. The FCC’s Notice of Proposed Rulemaking (NPR) specifically includes potential measures to expedite the environmental and historic preservation review of new wireless facilities, as
The Appellate Division of the New Jersey Superior Court recently issued an important decision regarding housing projects that feature affordable housing and mixed rate housing. In Advance at Branchburg II, LLC v. Township of Branchburg Board of Adjustment, the Court held that while affordable housing is an “inherently beneficial use”
The Appellate Division of the New Jersey Superior Court recently upheld the decision of the Union City Board of Adjustment to grant a conditional use variance to bring a multi-family apartment containing illegal garden apartments up to modern code. The case, Larry Price v. 636 7th Street, L.L.C. and Union
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
The Appellate Division of the New Jersey Superior Court has denied a challenge raised by a citizens’ action group over the construction of a Jersey Central Power & Light (JCP&L) substation on environmentally sensitive land in Tewksbury Township. The court concluded that the Department of Environmental Protection (DEP) had reasonable
