62-64 Main Street, LLC v. Hackensack Mayor & Council, 221 N.J. 129 (2015). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, defines when an area is blighted and in need of redevelopment. The Redevelopment Law implements Article VIII, ...
In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015). As foreshadowed by the oral argument, the Supreme Court today granted Fair Share Housing Center’s motion for relief in aid of litigants’ ...
The Supreme Court announced at 10 A.M. this morning that it will issue its decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by New Jersey Council on Affordable Housing, Motion No. M-392, tomorrow morning at 10 A.M. A ...
As discussed (perhaps among other places) here, the Appellate Division has long frowned on attempts to file appeals as of right when there is in fact no final judgment on all issues as to all parties. Forty years ago today, the Appellate ...
Griepenburg v. Ocean Tp., 220 N.J. 239 (2015). In Riggs v. Long Beach Tp., 109 N.J. 601 (1988), the Supreme Court established a test for determining whether a municipal zoning ordinance is valid. In this case, plaintiffs challenged municipal ordinances ...
Myers v. Ocean City Bd. of Adj., 439 N.J. Super. 96 (App. Div. 2015). This opinion by Judge Ostrer, issued last Friday, addresses N.J.S.A. 40:55D-62(a), a provision of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”). The issue, ...
When last we left the saga of the Council on Affordable Housing (“COAH”) and its “third round rules” for the calculation of municipal obligations for low and moderate-income housing, the Supreme Court, over the dissent of Justice Albin, had given ...
New Jersey Natural Gas Co. v. Borough of Red Bank, 438 N.J. Super. 164 (App. Div. 2014). New Jersey Natural Gas (“NJNG”) proposed to remove underground gas regulators located in the Borough of Red Bank and replace them with above-ground ...
Heine v. City of Paterson, 2014 N.J. Super. Unpub. LEXIS 2094 (App. Div. Aug. 26, 2014). This per curiam opinion, issued today by Judges Nugent amd Carroll, affirms a decision of the Law Division, essentially on the opinion below. The Law ...
Today witnessed the latest event in the ongoing saga regarding third round rules for low and moderate-income housing to be adopted by the Council on Affordable Housing (“COAH”). As discussed here, on March 7, the Appellate Division issued an Order ...