Tag: New Jersey Zoning Law

NJ Appeals Court Vacates Approval of Application Amended by Zoning Board

In 440 Company-Carriage House, LP v. Zoning Bd. of Adjustment for the Borough of Palisades Park, the Appellate Division vacated the zoning approvals for a high-rise building to be constructed in Palisades Park. The appeals court found that the zoning board’s approval of an application modified sua sponte by the board’s chairman was arbitrary,

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

Court Strikes Down NJ Zoning Law Governing Alzheimer’s Residences

In Blake Gardens, LLC v. State of New Jersey, U.S. District Judge Peter Sheridan of the District of New Jersey struck down a New Jersey law that reclassified Alzheimer’s residences as health care facilities and placed them under the jurisdiction of the Department of Health (DOH). The law, New Jersey P.L. 2015 c.

Appellate Division Upholds Township’s Billboard Approval

In Estee Vineyards, Inc. v. Cranbury Twp. Planning Bd., the Appellate Division upheld a planning board’s approval of a billboard along the New Jersey Turnpike. According to the appeals court, because the billboard was a permitted use under the zoning ordinance, the Cranbury Township Planning Board (Board) couldn’t deny the billboard

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

In Mikhail v. Lauritsen, the Appellate Division of the New Jersey Superior Court addressed when municipalities may extinguish a nonconforming use. The court specifically considered the test for determining when a nonconforming use has been more than partially destroyed in making this evaluation.  Legal Background N.J.S.A. 40:55D-68 authorizes the restoration

NJ Appeals Court Decision Highlights Importance of Drafting Clear Zoning Ordinances

NJ Appeals Court Decision Highlights Importance of Drafting Clear Zoning Ordinances

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

NJ Court Addresses Municipal Authority Under Disaster Control Act

NJ Court Addresses Municipal Authority Under Disaster Control Act

In Minke Family Trust v. Township Of Long Beach, a New Jersey court recently addressed the authority conveyed to municipalities under the Disaster Control Act (DCA). The specific question raised in the suit is whether the DCA allows a municipality to record a deed of perpetual easement against a property

NJ Appeals Court Upholds Municipal Ban on Digital Billboards

NJ Appeals Court Upholds Municipal Ban on Digital Billboards

The Appellate Division of the New Jersey Superior Court recently held that banning digital billboards, while allowing static ones, does not violate the U.S. Constitution. The trial court had previously held that the Franklin Township ordinance violated the First Amendment. The Facts of the Case The dispute in E&J Equities

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