Tag: Prerogative writ appeals

Another Big Win for the Hoboken Rent Board

Heyert v. Taddese, 431 N.J. Super. 388 (App. Div. 2013).  [Disclosure:  My firm, Lite DePalma Greenberg, LLC, represented the Hoboken Rent Leveling & Stabilization Board in this appeal and in the other appeals discussed in this post].  This has been a busy ...

Non-Conforming Structure That is More Than “Partially” Destroyed Cannot be Rebuilt Without a Variance

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 ...

A Lesson About Stipulations of Dismissal and Motions for Voluntary Dismissal

Burns v. Hoboken Rent Leveling & Stabilization Bd., 429 N.J. Super. 435 (App. Div. 2013).  This was a prerogative writ case involving rent control.  Plaintiffs were tenants in a building owned by defendant Bloomfield 206 Corporation (“Bloomfield”).  Plaintiffs and Bloomfield fought before ...

Amercement

Onyx Leasing Systems, Inc. v. Stevens, 2012 N.J. Super. Unpubl. LEXIS 2830 (App. Div. Dec. 28, 2012).  Amercement is a cause of action that, according to the per curiam opinion in this unpublished decision of the Appellate Division today, has existed ...

Citizens of Walsh Act Municipalities Have the Same Right to a Referendum on Authorizing Indebtedness as Citizens of Other Types of Municipalities Do

In re Petition for Referendum to Repeal Ordinance 2010-27 of Margate City, 424 N.J. Super. 242 (App. Div. 2012).  The Home Rule Act, N.J.S.A. 40:49-27, establishes the right to a public referendum regarding any ordinance that authorizes the incurring of an indebtedness.  ...

In Applying Statutes, Don’t be Overly Literal

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 ...

Individual Condominium Unit Owners Cannot Protest Zoning Ordinance Under Municipal Land Use Law

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 ...

Justice Rivera-Soto Will Now Vote (Most of the Time)

Hopewell Valley Citizens Group v. Berwind, 204 N.J. 569 (2011).  This was a case focused on whether a citizens group that objected to a development had timely filed a prerogative writ appeal.  A 6-1 majority of the Supreme Court, speaking through Justice ...