Category: Land Use

U.S. House Passes Bill Reauthorizing EPA’s Brownfields Program

The U.S. House of Representatives recently passed the Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 (H.R. 3017). The legislation reauthorizes the U.S. Environmental Protection Agency’s (EPA) Brownfields Program. Basics of EPA’s Brownfield Program There are currently more than 450,000 brownfield sites in the United States. The term “brownfield

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

In Shipyard Associates v. Hoboken Planning Board, the Appellate Division held that a developer was entitled to automatic approval of a controversial plan to build two high-rise buildings on the Hoboken waterfront because the Hoboken Planning Board (Board) refused to hold a hearing on the application while related litigation was

New Jersey Supreme Court to Address “Time of Application Rule”

The Supreme Court of New Jersey recently agreed to consider Dunbar Homes, Inc. v. The Zoning Board of Adjustment of the Township of Franklin. The case involves when a submission to the planning board should be considered an “application for development” that triggers the “time of application rule.” Time of

FCC Seeking Comments on Local Government Preemption Under Broadband Rules

The Federal Communications Commission (FCC) is currently seeking comment on whether it should enact rules to promote broadband infrastructure by preempting state and local laws that inhibit deployment.  As set forth in the FCC’s Notice of Inquiry, Section 253 of the Federal Telecommunications Act (FTA) provides that “[n]o State or

NJ Appeals Court Addresses Standing to Challenge Site Plan Approval

NJ Appeals Court Addresses Standing to Challenge Site Plan Approval

In a recent decision, the Appellate Division clarified when parties have standing to challenge a site plan approval. The appeals court ultimately concluded that the challengers lacked standing because they lacked an ownership interest or other financial interest in the neighboring property, which formed the basis of their claim of standing.

Federal Judge Rules NJ Township Discriminated Against Mosque Plan

A federal judge recently ruled that the Bernards Township Planning Board wrongfully denied the Islamic Society of Basking Ridge’s (ISBR) plan to build a mosque. The court specifically found that the Planning Board discriminatorily applied the township’s parking ordinance by requiring the proposed mosque to have more parking spots than