By Zoe N. Ferguson | Published September 8, 2021 | Posted in Coastal & Waterfront Development, Development, Land Use, Planning, Zoning | Tagged Tags: Can fema regulations block a project, Fema regulations and development, Fema regulations as police power, Impact of fema restrictions | Comments Off on Hoboken cannot block residential development with new zoning ordinances, Supreme Court holds
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Coastal & Waterfront Development
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⟩ Hoboken cannot block residential development with new zoning ordinances, Supreme Court holds
In Shipyard Assocs., LP v. City of Hoboken, 242 N.J. 23 (2020), the Supreme Court held that the City of Hoboken could not block a waterfront residential development by enacting two new zoning ordinances within two years of the development’s final approval. In 2012, Shipyard Associates received final approval from the Hoboken Zoning Board to Read More
Read MoreNJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding
After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or Read More
Read MoreAppellate Division Holds Municipality Liable for Damages for Failure to Comply with Easement Agreements
The New Jersey Superior Court Appellate Division held in Petrozzi v. Ocean City that beach-front property owners are able to recover damages for the failure of a municipality to comply with easement agreements. At the end of the 1980’s, Ocean City initiated a dune restoration program and acquired easements from property owners in order to Read More
Read MoreNew DEP Permit Rules will Simplify Sandy Recovery Efforts
The Christie Administration filed emergency rules to assist in the expedition of Superstorm Sandy-related recovery and rebuilding on March 17, 2013. These rules are meant to cut through unnecessary red tape that is delaying some aspects of New Jersey’s recovery from Sandy for both homes and businesses. The rules also contain portions that will expedite Read More
Read MoreNJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act
In 1987, the New Jersey Legislature passed the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. (“FWPA”), to protect and regulate New Jersey’s vast sensitive freshwater wetlands. This law followed the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq., which delineated and regulated New Jersey’s coastal wetlands. The FWPA established a permitting process which a Read More
Read MorePost-Sandy Dune Construction: Not So Fast
Did Superstorm Sandy make it safe for the State to deride waterfront property owners for refusing to allow the State to erect two-story beach dunes on their waterfront property? The State may think that such extreme protective measures may be more politically palpable because, after living through Sandy and witnessing her destruction, New Jerseyans better Read More
Read MoreNJDEP "Waiver Rule" Upheld by Appellate Court
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More
Read MoreRecent NJ Appeals Court Ruling May Bring Trouble for Victims of Superstorm Sandy
Property owners affected by Superstorm Sandy may be in for a big surprise as they try to re-build their homes and businesses. In a recent NJ Appellate Division case, Motley v. Borough of Seaside Park, No. A03214-11 the Court strictly construed N.J.S.A.40:55D-68, holding that the statute only allows a nonconforming structure to be rebuilt if Read More
Read More"Rebuilding New Jersey," a Seminar on Nov. 29 at 5:30p
Lieberman Blecher & Sinkevich will be participating in a seminar focused on “Rebuilding New Jersey,” in the wake of Superstorm Sandy on Thursday, November 29, 2012 at 5:30 p.m. in New Brunswick, New Jersey. This devastating storm has left businesses, municipalities, homeowners and the legal community with many many questions. We will be teaming up Read More
Read MoreRebuilding in the Wake of Sandy: Insurance, Legal and Regulatory Issues
New Jersey and New York residents have suffered through one of the most difficult storms in American history with an unmatched trail of destruction in this part of the country. Now (and well over the next few years), comes the process of rebuilding what was lost or damaged. There will be serious economic and emotional Read More
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