In 440 Company-Carriage House, LP v. Zoning Bd. of Adjustment for the Borough of Palisades Park, the Appellate Division vacated the zoning approvals for a high-rise building to be constructed in Palisades Park. The appeals court found that the zoning board’s approval of an application modified sua sponte by the board’s chairman was arbitrary,
Governor Phil Murphy has made clean energy one of his top priorities. Earlier this year, New Jersey’s Board of Public Utilities released a draft Energy Master Plan to achieve 100 percent clean energy by 2050, which includes reducing emissions by encouraging electric vehicle adoption. In June, the Murphy Administration announced the New Jersey Partnership
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
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
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
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
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
New Jersey municipalities may need to amend their local ordinances in light of recent changes made to the state’s Municipal Land Use Law (MLUL). The new law signed in January, P.L. 2017 C. 312, restricts when a municipality can require performance and maintenance guarantees from a developer. Limits on Performance
