In Grabowsky v. Twp. of Montclair, the Supreme Court of New Jersey held that municipal officials could be disqualified from voting on redevelopment matters if they belong to organizations that may be impacted by the project. Under the newly established conflict of interest rule, when a public official serves in
The Appellate Division recently upheld a decision by the Board of Public Utilities (BPU) to reject an application to build a wind farm off the coast of New Jersey. The case is In re Petition of Fishermen’s Atlantic City Windfarm LLC. The Legal Background In 2010, Gov. Chris Christie signed
In 388 Route 22 Readington Realty Holdings, LLC v. Township of Readington, the New Jersey Supreme Court addressed the circumstances under which a municipality may exercise its discretion to repurchase unused sewer capacity. While the state’s highest court ultimately upheld the sewer ordinance, it concluded that its blanket policy of
The Appellate Division recent held that the Borough of Closter did not engage in “spot zoning” when it increased the allowable square footage for commercial establishments in its business district. The Mayor and Council’s adoption of a zoning ordinance in The Great Atlantic & Pacific Tea Co. Inc. v. Borough
In Walker v. Board of Chosen Freeholders of the County of Burlington, the Appellate Division of the New Jersey Superior Court recently upheld the decision of the Burlington County Board of Chosen Freeholders to deny an application to operate a solid waste transfer station and material recovery facility. The decision
Municipalities located in the New Jersey Meadowlands District have a big decision to make. Under recent legislation combining the New Jersey Meadowlands Commission (“NJMC”) with the New Jersey Sports and Exposition Authority, cities and towns have the option to reclaim the authority to administer land-use application. Pursuant to the Hackensack
The saga involving New Jersey’s Council on Affordable (COAH) has yet another chapter. The Appellate Division recently enjoined he seizure of any trust funds by COAH or the executive branch. It further held in In Re Failure of the Council of Affordable Housing Trust Fund Commitment Regulations that the courts
New Jersey municipalities should be aware that new rules adopted by the Federal Communications Commission (FCC) regarding wireless facilities might require amendments to local land use ordinances. Among other significant changes, the FCC’s Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies limit the discretion of local governments with
