Tag: New Jersey Land Use Law

NJ Appeals Court Again Upholds Denial of Digital Billboard on New Jersey Turnpike

NJ Appeals Court Again Upholds Denial of Digital Billboard on New Jersey Turnpike

Digital billboards continue to spur land use litigation in New Jersey. In Klein Outdoor Advertising, Inc. v. City of Jersey City Zoning Board of Adjustment, the Appellate Division of the New Jersey Superior Court upheld a zoning board’s decision to deny an application to construct a digital billboard on property

Municipalities in NJ Meadowlands District May Reclaim Land Use Authority, But Should They?

Municipalities in NJ Meadowlands District May Reclaim Land Use Authority, But Should They?

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

NJ Appeals Court Rules Utility Providers Are Not Immune From Municipal Regulations

NJ Appeals Court Rules Utility Providers Are Not Immune From Municipal Regulations

In New Jersey Natural Gas Company v. Borough of Red Bank, the Appellate Division of the New Jersey Superior Court addressed whether the New Jersey Natural Gas Company’s (NJNG) installation of aboveground gas regulators in public sidewalks were subject to the borough’s development regulations. The court ultimately concluded that gas

Court Holds Zoning Officer Erred in Interpreting Fence Restrictions in Master Deed

Court Holds Zoning Officer Erred in Interpreting Fence Restrictions in Master Deed

In Hidden Lake Area Homeowners Association v. Township of North Brunswick, the Appellate Division of the New Jersey Superior Court found that the North Brunswick zoning officer incorrectly determined that the construction of a fence was allowed. Accordingly, his approval of the permit was ultra vires. The Facts of the

NJ Appeals Court Upholds Zoning Board Denial of Day Care Variance

NJ Appeals Court Upholds Zoning Board Denial of Day Care Variance

A recent decision by the Appellate Division of the New Jersey Superior Court highlights the balancing process required for a use variance even when an entity proposes an inherently beneficial use of its property. In 636 Inman LLC v. Woodbridge Twp. Bd. of Adjustment, the court determined that the local

NJ Appeals Court Rules OPRA Requests Subject to OPRA

Appeals Court Upholds New Jersey Township’s Amendment of Redevelopment Plan

The Appellate Division of the New Jersey Superior Court recently upheld the dismissal of a property owner’s challenge to a municipal ordinance adopting an amended redevelopment plan. The Appellate Division agreed with the trial court that certain procedural errors that occurred during the approval process were technical in nature and

NJ Court Rules Variance Condition Discriminated Against Renters

NJ Court Rules Uphold Conditional Use Variance for Garden Apartment

The Appellate Division of the New Jersey Superior Court recently upheld the decision of the Union City Board of Adjustment to grant a conditional use variance to bring a multi-family apartment containing illegal garden apartments up to modern code. The case, Larry Price v. 636 7th Street, L.L.C. and Union