The site plan approval process often causes headaches for New Jersey municipalities and developers alike. The process is further complicated when the property changes hands multiple times and takes years to get off the ground. In Courter v. Absecon Planning Board, the Appellate Division of the Superior Court of New
The Third Circuit Court of Appeals recently ruled on an interesting case involving the Borough of Palmyra’s closure of an open-air market located on the site of a military weapons-testing facility. The court ruled that the municipality validly exercised its police power to restrict the owner’s access to the property
The Appellate Division recently considered whether an ordinance that authorizes “health and wellness centers” and “fitness and health clubs” in two industrial zones changes the “classification” of those zones, thereby requiring compliance with the notice requirements of New Jersey’s Municipal Land Use Law. N.J.S.A. 40:55D-62.1 provides that a municipality must
Many homeowners faced with damage from Superstorm Sandy may have another obstacle to rebuilding – the Municipal Land Use Law. In a recent decision, the Appellate Division held that a home in Seaside Park lost its ‘grandfathered’ non-conforming use and structure status when it was gutted for repairs. The Facts
New Jersey municipalities could soon have new rules for redevelopment projects. The Senate Community and Urban Affairs Committee recently amended and approved a bill that would alter the state’s “Local Redevelopment and Housing Law.” The bill, S-2447, incorporates two New Jersey court decisions. The first is Gallenthin v. Paulsboro, 191
The Appellate Division recently clarified when a taking occurs under New Jersey’s eminent domain law. The plaintiffs contended, among other arguments, that the filing of condemnation complaints by the New Jersey municipality amounted to a taking that required compensation. The Appellate Division disagreed. Under N.J.S.A. 20:3-6, a New Jersey municipality
New Jersey Governor Chris Christie has signed the Permit Extension Act of 2012 into law. It extends the expiration date of certain permits and other government approvals until December 31, 2014. The goal of the bi-partisan legislation (A-1338/ S-743) is to ensure that stalled development projects can continue as the
A recent New Jersey appeals court decision may make it easier for litigants to obtain writs of mandamus against New Jersey municipalities. A mandamus is a court order directing a government official or agency to properly fulfill their official duties. The Facts of the Case In Mullen v. The Ippolito
