Category: Land Use

New Jersey lawyer

Redevelopment Legislation Advances in NJ Senate

New Jersey municipalities could soon have new rules for redevelopment projects. The Senate Community and Urban Affairs Committee recently amended and approved a bill that would alter the state’s “Local Redevelopment and Housing Law.” The bill, S-2447, incorporates two New Jersey court decisions. The first is Gallenthin v. Paulsboro, 191

NJ eminent domain law

Court Rules NJ Condemning Authorities Do Not Have to Negotiate With Mortgage Assignees

New Jersey still has a large inventory of foreclosed properties. As a result, many municipalities are seeking to condemn the properties for redevelopment and other purposes. In a recent decision, the Appellate Division clarified that that a New Jersey condemning authority is not obligated to negotiate with the assignee of

New Jersey zoning law

Third Circuit Rules NJ Municipality Can Ban All Billboards

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit upheld a New Jersey municipality’s ordinance prohibiting billboards. The court specifically found that the total billboard ban did not violate free speech guarantees under the First Amendment to the U.S. Constitution. The Facts of the Case In

New Jersey Municipal Ordinance Banning Digital Billboards Fails to Survive Constitutional Challenge

A New Jersey company recently waged a successful constitutional challenge to a municipal zoning ordinance banning digital billboards. The trial court agreed that the ordinance impermissibly curtailed commercial speech and, thus, violated the First Amendment to the U.S. Constitution. The Facts of the Case The lawsuit centered on the proposed

Donald Trump Secures Helipad Over New Jersey Township’s Objections

Donald Trump can now claim victory in the boardroom and the courtroom. A New Jersey appeals court recently ruled that Trump can build a helipad at his golf course in Colts Neck over the objections of the Township’s Zoning Board of Adjustment. The Facts of the Case Application of Trump

When Does a Taking Occur Under New Jersey’s Eminent Domain Law?

The Appellate Division recently clarified when a taking occurs under New Jersey’s eminent domain law. The plaintiffs contended, among other arguments, that the filing of condemnation complaints by the New Jersey municipality amounted to a taking that required compensation. The Appellate Division disagreed. Under N.J.S.A. 20:3-6, a New Jersey municipality

New Jersey Permit Extension Act Signed Into Law

New Jersey Governor Chris Christie has signed the Permit Extension Act of 2012 into law. It extends the expiration date of certain permits and other government approvals until December 31, 2014. The goal of the bi-partisan legislation (A-1338/ S-743) is to ensure that stalled development projects can continue as the

New Jersey Municipal Zoning Inaction Leads to Mandamus

A recent New Jersey appeals court decision may make it easier for litigants to obtain writs of mandamus against New Jersey municipalities. A mandamus is a court order directing a government official or agency to properly fulfill their official duties. The Facts of the Case In Mullen v. The Ippolito