Tag: New Jersey Zoning Law

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

Federal Court Rules Paramus Zoning Officials Improperly Denied Cell Tower Plan

Federal Court Rules Paramus Zoning Officials Improperly Denied Cell Tower Plan

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

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