In N.J. Transit Corp. v. Franco, the Appellate Division reversed a just compensation award of $8,150,000. It held that the owners of the condemned property failed to establish a reasonable probability that the municipality would grant the zoning changes required to develop the property for its “highest and best use.”
The Supreme Court of New Jersey recently struck down a municipal ban of digital billboards. In its decision in E&J Equities v. Board of Adjustment of Franklin Township, the state’s highest court held that the ordinance was unconstitutional under both the United States and New Jersey constitutions. The Facts of
In Jai Sai Ram, LLC et al. v. Planning/ Zoning Bd. of the Borough of S. Toms River et al., the Appellate Division held that the time of application rule does not apply where, after a property owner or developer submits an application for a use variance, the municipality amends
A recent appellate decision reinforces that New Jersey municipalities must exercise care when drafting and amending zoning ordinances. In Nelson’s Corner Assoc. LLC v. Twp. of Hillsborough, the Appellate Division of the New Jersey Superior Court held that a dialysis center was permitted under the Township of Hillsborough’s local zoning
The Appellate Division recently addressed when New Jersey planning boards must grant exceptions from the requirements for site plan approval under N.J.S.A. 40:55D-51(b). In White Castle System Inc. v. Planning Board of the Township of Middletown, the appeals court held that the Planning Board of the Township of Middletown (the
In Weinberger v. Township of Lakewood, Judge Vincent J. Grasso recently ruled that the Township of Lakewood’s zoning ordinances were null and void because the municipality failed to provide personal notice. While the municipality argued that it was exempt because it conducted a master plan review, the court rejected the
In Griepenburg v. Township of Ocean, the Supreme Court of New Jersey addressed the power of municipalities to zone property consistent with their Master Plan and Municipal Land Use Law (MLUL) goals. In addition to finding the ordinances at issue were not were not arbitrary, capricious, or unreasonable, the court
A New Jersey federal judge recently ruled that the borough of Paramus’s zoning board improperly denied Sprint Spectrum L.P. and T-Mobile USA Inc.’s application to build a wireless tower. U.S. District Judge Kevin McNulty specifically held that the municipality could not deny the application for a monopole wireless tower based
