Under Rule 2:8-1(b), motions in the Appellate Division are not normally argued orally. On March 5, however, an Appellate Division panel (Judges Fuentes, Simonelli, and Haas) heard oral argument, at the panel’s request, on a motion by the Fair Share ...
As discussed here, the Supreme Court already has on its docket Tumpson v. Farina, 431 N.J. Super. 164 (App. Div. 2013), which involves a referendum in a Faulkner Act municipality. [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents the municipal parties ...
Advance at Branchburg, II, LLC v. Branchburg Tp. Bd. of Adj., 433 N.J. Super. 247 (App. Div. 2013). The normal, strict standards for a use variance, as expressed in Medici v. BPR Co., 107 N.J. 1 (1987), are relaxed where ...
Ten Stary Dom Partnership v. Mauro, 216 N.J. 16 (2013). Less than two weeks after issuing an opinion about conditional use variances, the Supreme Court today turned to bulk variances under N.J.S.A. 40:55D-70(c). The issues of this case are on ...
TSI East Brunswick, LLC v. East Brunswick Bd. of Adj., 215 N.J. 26 (2013). The Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-70(d)(3), authorizes applications for conditional use variances. A conditional use is one that is permitted by ordinance provided that the applicant ...
Kane Properties, LLC v. City of Hoboken, 214 N.J. 199 (2013). This opinion by Justice Hoens affirms, as modified, the decision of the Appellate Division in this municipal land use matter, reported at 423 N.J. Super. 49 (App. Div. 2011), and discussed here. ...
Price v. Himeji, LLC, 214 N.J. 263 (2013). Himeji, LLC applied to the Union City Board of Adjustment for a use variance, density, height, and other variances, and a waiver necessary for the construction of a multi-story residential building in a zone where that use was ...
Northgate Condominium Ass’n, Inc. v. Hillsdale Planning Bd., 214 N.J. 120 (2013). Opponents of land use development applications sometimes contest the adequacy of the notice given by development applicants, as occurred in a recent Appellate Division case. There, the Appellate Division upheld ...
Mahwah Realty Associates, Inc. v. Mahwah Tp., 430 N.J. Super. 247 (App. Div. 2013). This case, in which plaintiffs sought to block development of a health club, has been back and forth to the Appellate Division several times. This round of proceedings involved a ...
Motley v. Seaside Park Bd. of Adj., 430 N.J. Super. 132 (App. Div. 2013). N.J.S.A. 40:55D-68 allows a non-conforming use or structure to be “restored or repaired in the event of partial destruction thereof.” This opinion, written by Judge Sabatino, addresses a ...