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
In Griepenburg v. Township of Ocean, the Appellate Division of the Superior Court of New Jersey ruled that environmental rezoning ordinances passed by the Township of Ocean were invalid as applied to the plaintiffs’ property because the downzoning was not reasonably required to serve the stated purposes of the ordinances.
The Supreme Court of New Jersey recently ruled in the case of Ten Stary Dom Partnership v. Mauro, that the Borough of Bay Head’s planning board improperly denied a landowner’s request for a bulk zoning variance to build a one family home. The Court found that the board placed too
The Supreme Court of New Jersey recently considered whether incorrect lot designations contained in a notice of public hearings on an application for a conditional use approval sufficiently complied with the provisions of the Municipal Land Use Law (MLUL) to confer jurisdiction on the Planning Board. In this case, the
Rebuilding in the wake of Superstorm Sandy continues throughout New Jersey. For homeowners and municipalities, ensuring compliance with new federal flood guidelines and existing local land use ordinances has proven challenging. To address the problem, Gov. Chris Christie recently signed legislation that permits limited exemptions to local land use restrictions
In TSI East Brunswick, L.L.C. v. Zoning Bd. of Adjustment of Twp. of East Brunswick, the Supreme Court of New Jersey considered the standard of proof required for securing a variance for a conditional use. The court concluded that applicants are not required to prove the negative criteria by an
The New Jersey municipality of Mount Holly will take center stage before the U.S. Supreme Court next term. The justices have agreed to consider Mount Holly v. Mount Holly Gardens Citizens in Action, which centers on whether disparate impact claims can be brought under the Fair Housing Act. The Fair
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
