The U.S. Supreme Court recently granted certiorari in Murr v. Wisconsin. This case will address how to define the term “parcel as a whole” in a regulatory taking case, a question that has divided the federal and state courts. The Facts of the Case The Murr family owns two contiguous
Gov. Chris Christie recently signed legislation into law that imposes new requirements on municipalities that provide long term tax abatements. Most notably, cities and towns will be required to file the financial agreements required in relation to long term tax exemptions with their county finance officer and counsel, as well
New Jersey Chris Christie recently signed legislation that authorizes the New Jersey Department of Environmental Protection (NJDEP) to require public access to waterfront and adjacent shoreline as a condition of waterfront development approvals and permits issued pursuant to the Coastal Area Facility Review Act (CAFRA) and other applicable laws. The
The Appellate Division of the New Jersey Superior Court has again invalidated the New Jersey Department of Environmental Protection’s (DEP) Public Access Rules, holding that the agency has no authority over public access to beaches and other tidal waterways. An appeals court previously thwarted the DEP’s prior attempt at rule-making
As the New Year begins, we will be taking a look back at the public law developments that took place in 2015. In the area of land use, there were a number of legal developments that impacted both public entities and private developers. Below is a brief recap of some
In 2008, New Jersey first passed the Permit Extension Act, which suspends the running of the period of any covered permit or approval in existence during the “extension period.” Given that the New Jersey legislature has taken no further action, the statute will likely sunset at the end of the
A recent Appellate Division decision highlights the factors that New Jersey zoning boards must consider when determining whether to grant a height variance under the Municipal Land Use Law (MLUL). In Jacoby v. Zoning Bd. of Adjustment of Borough of Englewood Cliffs, the appeals court found the zoning board erred
Many New Jersey municipalities, such as Jersey City, use tax abatements to incentivize local development projects. Starting later this year, local governments will be required to disclose the agreements on their financial statements. Under newly issued guidelines by the Government Accounting Standards Board (GASB), state and local governments will be
