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
As New Jersey communities continue to recover from Hurricane Sandy, the Appellate Division of the New Jersey Superior Court has ruled that property owners may be entitled to compensation when protective sand dunes block their views of the ocean, when the property owners’ claims arise out of the municipality’s breach
In Griepenburg v. Township of Ocean, the Appellate Division of the Superior Court of New Jersey ruled that environmental rezoning ordinances passed by the Township of Ocean were invalid as applied to the plaintiffs’ property because the downzoning was not reasonably required to serve the stated purposes of the ordinances.
The Supreme Court of New Jersey recently ruled in the case of Ten Stary Dom Partnership v. Mauro, that the Borough of Bay Head’s planning board improperly denied a landowner’s request for a bulk zoning variance to build a one family home. The Court found that the board placed too
The Supreme Court of New Jersey recently considered whether incorrect lot designations contained in a notice of public hearings on an application for a conditional use approval sufficiently complied with the provisions of the Municipal Land Use Law (MLUL) to confer jurisdiction on the Planning Board. In this case, the
Rebuilding in the wake of Superstorm Sandy continues throughout New Jersey. For homeowners and municipalities, ensuring compliance with new federal flood guidelines and existing local land use ordinances has proven challenging. To address the problem, Gov. Chris Christie recently signed legislation that permits limited exemptions to local land use restrictions
The Appellate Division of the New Jersey Superior Court recently held that a trial court cannot reinstate a condemnation commissioners’ award fixing just compensation for a temporary taking after dismissing both parties’ appeals in the condemnation case. The Facts of the Case In State of New Jersey, by the Commissioner
The New Jersey Supreme Court recently clarified whether an application for a use variance based on the assertion that the site is “particularly suitable for the proposed use” requires proof that the project must be built on that site because it is the only one available. The issue arose because
