Montclair State University v. County of Passaic, 234 N.J. 434 (2018). This case centered on the proper application of Rutgers v. Piluso, 60 N.J. 142 (1972). As discussed here, in connection with the Appellate Division’s opinion in this case, which ...
Cherokee LCP Land, LLC v. Linden Planning Bd., 234 N.J. 403 (2018). The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”) confers standing to actions of municipal land use agencies only on those who qualify as an “interested party.” ...
Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (“NJCRA”) is, in general, the New Jersey analog to the federal Civil Rights Act, 42 U.S.C. §1983. In Tumpson v. ...
Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”), the law governing the application is determined as of “the date of ...
The Supreme Court announced that it has granted review in two more cases. The first is O’Donnell v. New Jersey Turnpike Authority. The question presented in that appeal, as phrased by the Supreme Court Clerk’s office, is “Was the failure ...
The Supreme Court announced that it has granted review in N.J. Highlands Coalition v. New Jersey Dep’t of Environmental Protection. The question presented, as phrased by the Supreme Court Clerk’s office, is “For the purposes of determining whether this development ...
The Supreme Court announced that it has granted certification in five more cases. One of those is a land use matter. The other four run the gamut from administrative law to criminal law to constitutional law to arbitration. Montclair State ...
Sparroween, LLC v. Township of West Caldwell, 452 N.J. Super. 329 (App. Div. 2017). Plaintiffs operated the Cigar Emporium in West Caldwell. In that business, they sell tobacco products, but they also make tobacco products available to be smoked on ...
Montclair State University v. County of Passaic, 451 N.J. Super. 523 (App. Div. 2017). The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., places responsibility for development applications within a particular municipality in the hands of a Planning Board and/or ...
The Supreme Court has granted certification to review three more appeals. The first of those actually consists of four cases that have been consolidated under the lead case, State v. Hester. The question presented in that case, as phrased by ...