Category: Municipal Law

Appellate Division Rules Distant Neighbor Can Challenge Zoning Approval

Appellate Division Rules Distant Neighbor Can Challenge Zoning Approval

In DiMarco v. Zoning Board of Adjustment of the Borough of Edgewater and Three Y LLC, the Appellate Division of the New Jersey Superior Court ruled that a resident who lives approximately 2½ miles from a proposed development project can pursue a late lawsuit challenging a municipal zoning approval. In

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

Will New Jersey Clarify the Law on Off-Duty Cannabis Use by Law Enforcement?

Now that adult-use cannabis sales have begun in New Jersey, many municipalities and their employees are raising questions about when off-duty cannabis use is permitted. One of the most controversial issues involves off-duty cannabis use by law enforcement. While the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act protects workers

What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

What NJ Municipalities Need to Know About the SCOTUS Decision in Shurtleff v. City of Boston

The U.S. Supreme Court continues to issue decisions impacting New Jersey municipalities. In Shurtleff v. City of Boston, 596 U. S. ____ (2022), the U.S. Supreme Court held that the city of Boston violated the First Amendment when it rejected an application to fly a Christian flag on one of

What NJ Municipalities Need to Know About US Supreme Court’s Sign Ordinance Decision

What NJ Municipalities Need to Know About US Supreme Court’s Sign Ordinance Decision

In City of Austin, Texas v. Reagan National Advertising of Austin, LLC, the U.S. Supreme Court held that the City of Austin’s sign ordinance, which regulates “off-premises” signs more strictly than “on-premises” signs, was facially content-neutral. Accordingly, the Court remanded the case to the lower court to apply intermediate rather than

DCA Model Statewide Municipal EV Ordinance Now in Effect

DCA Model Statewide Municipal EV Ordinance Now in Effect

A Model Statewide Municipal Electric Vehicle (EV) Ordinance is now in effect throughout New Jersey. The ordinance was mandated under a new law, S-3223 (P.L.2021, c.171), requiring that Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready parking spaces be designated as a permitted accessory use in all zoning or use districts in New Jersey. The

NJDEP Providing Toolkit to Help NJ Municipalities Address Climate Resilience

NJDEP Providing Toolkit to Help NJ Municipalities Address Climate Resilience

The New Jersey Department of Environmental Protection (NJDEP) recently released the Resilient NJ: Local Planning for Climate Change Toolkit… The New Jersey Department of Environmental Protection (NJDEP) recently released the Resilient NJ: Local Planning for Climate Change Toolkit. It is designed to help municipal and county governments address climate change through sustainable

Will NJ Legislature Bill Overhaul Local Oversight Over Warehouse Development?

Will NJ Legislature Bill Overhaul Local Oversight Over Warehouse Development?

A bill currently under consideration by the New Jersey Legislature would change how municipalities regulate the development of large warehouses… A bill currently under consideration by the New Jersey Legislature would change how municipalities regulate the development of large warehouses. Under Senate Bill 3688, New Jersey would adopt a regional

Executive Order 204 Pauses Youth Indoor Sports in New Jersey

Youth indoor sports are again on hold in New Jersey. On November 29, 2020, Gov. Phil Murphy signed Executive Order No. 204 (EO 204), which states that indoor sports practices and competitions, including group, competitive and/or organized sporting activities for youth and adults, will be prohibited starting Saturday, December 5,