Rockaway Shoprite Associates, Inc. v. City of Linden, 424 N.J. Super. 337 (App. Div. 2011). For many years, a large General Motors assembly plant occupied a 47.5 acre site in Linden. Eventually, General Motors closed that plant. The property sat ...
Today, we are all used to the existence of senior citizen housing developments. Thirty five years ago, however, it was not so clear that such developments were legally permissible. On this date in 1976, the Supreme Court of New Jersey decided two companion cases ...
Mahwah Realty Associates, Inc. v. Mahwah Tp.., 420 N.J. Super. 341 (App. Div. 2011). Out of the lengthy procedural history of this land use matter comes the simple message that statutes are not to be read with excessive literalness where ...
Shakoor Supermarkets, Inc. v. Old Bridge Tp. Planning Bd., 420 N.J. Super. 193 (App. Div. 2011). This case dealt with the issue of how specific a public notice of a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et ...
Rezem Family Associates, LP v. Borough of Millstone, 2011 WL 1432181 (App. Div. April 15, 2011). Plaintiff (“Rezem”) owned a 67-acre tract of vacant land. Rezem entered into a series of contracts to sell the land to developers. Each of those purchasers ultimately cancelled the ...
On this date in 1975, the Supreme Court of New Jersey decided Southern Burlington Cty. NAACP v. Mount Laurel Tp., 67 N.J. 151 (1975). There, the Court held that each municipality “must, by its land use regulations, make realistically possible ...
Jennings v. Borough of Highlands, 418 N.J. Super. 405 (App. Div. 2011). “The right to protest zoning amendments has existed in this State for more than eighty years.” A successful protest under the Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-63, has the ...
White Tp. v. Castle Ridge Development Corp., 419 N.J. Super. 68 (App. Div. 2011). A developer, Castle Ridge, got approval to build a fifteen-lot subdivision. A developer’s agreement that Castle Ridge signed with the Township of White stated that the Township had the ...
Society of Holy Child Jesus v. City of Summit, 418 N.J. Super. 365 (App. Div. 2011). State tax statutes and the Municipal Land Use Law (“MLUL”) are not often bedfellows in the same case. This case is one of those times. The Appellate Division, in ...
In re Denial of Regional Contribution Agreement Between Galloway Tp. and City of Bridgeton, 418 N.J. Super. 94 (App. Div. 2011). The Council on Affordable Housing (“COAH”) denied approval of a regional contribution agreement (“RCA”) between Galloway and Bridgeton. The basis for ...