Interstate Outdoor Advertising, L.P. v. Mt. Laurel Tp. Bd. of Adj., 706 F.3d 527 (3d Cir. 2013).  The Township of Mount Laurel, best known for its role in a series of affordable housing cases named for the Township, enacted an expressly content-neutral ...

Mullen v. The Ippolito Corporation, 428 N.J. Super. 85 (App. Div. 2012).  An action in lieu of prerogative writs can be used where, at common law, one of the designated prerogative writs would have been the proper basis for suit.  ...

In In re Plan for the Abolition of the Council on Affordable Housing, 424 N.J. Super. 410 (App. Div. 2012), the Appellate Division held that Governor Christie could not unilaterally abolish the Council on Affordable Housing, which had been created ...

Columbro v. Lebanon Tp. Bd. of Adj.., 424 N.J. Super. 501 (App. Div. 2012).  Defendants Michael and Frances Edwards obtained a conditional use variance that allowed them to conduct a welding business in the garage of their home, which was located in a ...

The Supreme Court has granted review of the decision in Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011).  The Appellate Division’s decision is discussed here.  The question presented, as phrased by the Supreme Court Clerk’s office, is ...

On this date in 1986, the Supreme Court decided Hills Dev. Co v. Bernards Tp., 103 N.J. 1 (1986).  At the time, it was one of the Court’s most important decisions, both in terms of land use law and in ...

American Dream at Marlboro, LLC v. Marlboro Tp. Planning Bd., 209 N.J. 161 (2012).  This per curiam opinion addresses the issue of when a deed restriction imposed by a planning board can be eliminated.  The parties agreed that planning boards lack the ...

Johnson v. Downe Tp. Combined Planning/Zoning Bd., 2012 WL 33897 (App. Div. Jan. 9, 2012).  How many times has the Appellate Division warned that a purported appeal as of right from a decision that does not dispose of all issues as ...

The Salt & Light Company, Inc. v. Willingboro Tp. Bd. of Adj., ___ N.J. Super. ___ (App. Div. 2011).  Normally, in considering whether to grant a use variance, boards of adjustment are supposed to weigh the “special reasons” for the ...

Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011).  Plaintiff had obtained use variances from Hoboken’s Zoning Board of Adjustment.  Those variances allowed plaintiff to build a high-rise residential structure.  The Skyline Condominium Association (“Skyline”), which operates a nearby ...