The Supreme Court has granted review in four more cases. In Cherokee LCP Land, LLC v. City of Linden Planning Bd., the question presented, as phrased by the Supreme Court Clerk’s Office, is “Do plaintiffs have a sufficient interest in ...
The Supreme Court has granted review in five cases. One of them is an appeal as of right, by virtue of a dissent in the Appellate Division. That case is State v. Twiggs. The question presented there, as phrased by ...
Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development ...
Today is inauguration day for Donald Trump. He and his designee to head the Department of Housing and Urban Development, Dr. Ben Carson, might take a lesson from a decision issued on this date in 1983 by a unanimous Supreme ...
“Pent-Up” Demand for Low and Moderate Income Housing Must be Accounted for as Part of “Present Need”
In re Declaratory Judgment Actions Filed by Various Municipalities, 227 N.J. 508 (2017). In the Appellate Division decision in this case, reported at 446 N.J. Super. 259 (App. Div. 2016), and discussed here, the panel faced the question of whether ...
The Supreme Court has announced that it has granted review in EQR-LPC Urban Renewal North Pier, LLC v. City of Jersey City. The question presented in that appeal, as phrased by the Supreme Court Clerk’s Office, is “Do the 2003 ...
E&J Equities v. Franklin Tp. Bd. of Adj. , 226 N.J. 549 (2016). Billboards are not everyone’s favorite thing. Many view them as a blot on the landscape (and not humorous at all, unlike the 1980’s British comedy “Blott on ...
In In re Declaratory Judgment Actions Filed by Various Municipalities, 446 N.J. Super. 259 (App. Div. 2016), discussed here (under the heading “Another Mount Laurel Case for the Supreme Court?”), the Appellate Division issued an important affordable housing decision. That ...
DePolo v. Tredyffrin Tp. Bd. of Supervisors, 835 F.3d 381 (3d Cir. 2016). Jeffrey DePolo is a ham radio enthusiast in Pennsylvania. He applied to defendant Zoning Hearing Board of Appeals (“ZHBA”) for a variance that would allow him to ...
Jai Sai Ram, LLC v. South Toms River Planning and Zoning Bd., 446 N.J. Super. 338 (App. Div. 2016). As Judge Reisner stated in her opinion in this case today, before the Legislature amended the Municipal Land Use Law, N.J.S.A. ...