By Samuel K. Dykstra | Published January 22, 2015 | Posted in Beaches & Coast, Development, Land Use, Permitting | Tagged Tags: MLUL, New Jersey Appellate Division, New Jersey Municipal Land Use Law, Ordinance, Planning Boards | Leave a comment
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New Jersey Appellate Division
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⟩ Appeals Court: Municipality Cannot Be Forced to Adopt Planning Board Recommendations
What does a governing body do when a municipality’s planning board recommends changes to its master plan? Does the council have to adopt the changes to the municipal ordinance? Can the council reject the recommendations? Or can it simply ignore the planning board altogether? On January 16, 2015, the Appellate Division’s opinion in in Myers Read More
Read MoreAppellate Division Takes Victory in Wetlands Takings Case from the State
A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More
Read MoreNJDEP & NJSBA file Amicus Briefs in Spill Act 6-Year Statute of Limitations Case
Recently, both the New Jersey Department of Environmental Protection (NJDEP) and the New Jersey State Bar Association (NJSBA) filed amicus briefs asking the New Jersey Supreme Court to overturn an Appellate Division’s holding that a six-year statute of limitations applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). Morristown Read More
Read MoreCourt Permits Condo Association to Pursue Contractors for Common Area Damage Absent Unit Owner Approval
In Port Liberte II Condominium Association v. New Liberty Residential Urban Renewal Company, the NJ Appellate Division reinstated a condominium association’s multi-million dollar lawsuit over construction defects, holding that the contractors sued by the Association lacked standing to enforce a bylaw requiring unit owners to approve the litigation before it is filed. The Court further Read More
Read MoreAppellate Division Holds Spill Act and ERA Actions May Be Referred to NJDEP Until Site Clean Up Completed
The New Jersey Appellate Division recently held that an action brought under the New Jersey Environmental Rights Act (ERA) to enforce the Spill Compensation and Control Act (Spill Act) may properly be referred to the Department of Environmental Protection (DEP) until the site clean-up is complete. In Meyer v. Constantinou, the owner of a former Read More
Read MoreSupreme Court Rules Victory Under CFA Does Not Guarantee Award of Attorney Fees
The New Jersey Supreme Court recently ruled in Perez v. Professionally Green, LLC, et al. that a prevailing Plaintiff is not entitled to receive an award of attorney fees under the Consumer Fraud Act (CFA) if they cannot prove an ascertainable loss relating to the violation. It was a decision that slightly weakened New Jersey’s Read More
Read MoreNJ Appellate Division Rules Spill Act Subject to 6-Year Statute of Limitations
In a decision that may upset decades of environmental remediation litigation in New Jersey, the Appellate Division held recently that the catch-all six-year statute of limitations for damages to property found in N.J.S.A. 2A:14-1 applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). In Morristown Assocs. v. Grant Oil Read More
Read MoreNJ Appellate Division Addresses Condo Associations, Developers, & Lawsuits
Recently, the New Jersey Appellate Division in Belmont Condominium Association v. Geibel addressed the issue of when a condominium association has standing to sue a developer. The case involved a thirty-four unit condominium building in Hoboken called the Belmont. Seven years after the sale of the last unit, the community association sued the developer for Read More
Read MoreN.J. Supreme Court Rules in Favor of Dunes and Against Ocean Views
On July 8, 2013, at the intersection of environmental and eminent domain law, the New Jersey Supreme Court issued its long-anticipated decision in Borough of Harvey Cedars v. Karan, ____ N.J. ____ (2013). The backdrop of this case was a beach restoration and storm protection project on Long Beach Island funded by federal, state, and Read More
Read MorePublic Entities Ruled Not Liable for Actions of Their Public Employees
In an expansion of governmental tort immunity, the New Jersey Appellate Division recently ruled in Turner v. Township of Irvington that public entities cannot be held liable for a 9-1-1 operators’ conduct regardless of their level of culpability. The 9-1-1 operator at issue acted with willful and wanton conduct when they were the cause of Read More
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