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Land Use

Land Use

New Jersey Land Use Attorneys

The New Jersey land use attorneys at Lieberman & Blecher assist individual, corporate and non-profit clients in understanding New Jersey land use law, and we thoughtfully guide our clients through the New Jersey land use, planning and zoning processes. Our experienced and knowledgeable legal team works with our clients during the financing, expert selection, application and board hearing stages of the land use process. We have the background and insight to answer each of our clients’ New Jersey land use questions and to address all of their land use needs – whether those needs arise at the outset, or deep into the New Jersey land use process, when challenging or unexpected issues arise.

Environmental Issues in New Jersey Land Use Law

Our New Jersey land use practice grows out of our broader New Jersey environmental law and litigation practice. Our attorneys are uniquely suited to help clients whose New Jersey land use projects may involve environmental constraints, including those related to coastal development (CAFRA), saltwater or freshwater wetlands, stormwater management, threatened or endangered species, brownfields redevelopment or environmental justice concerns. We bring our environmental law background and experience to bear on each of our land use projects and help ensure that our clients choose the right experts, submit complete applications, and make compelling presentations at board hearings.

Land Use Attorneys for Individual, Community Group and Non-Profit Objectors

Owing to the firm’s commitment to serve a broad swath of clients, our land use services are not reserved exclusively for land developers. Our attorneys have a history of representing the interests of individuals, community groups and non-profit organizations in the land use process. Sometimes called “objectors” or “intervenors,” we ensure that these parties’ voices are heard in the land use, planning and zoning process. Oftentimes, our services to land use objectors include assisting in expert selection and development of an alternative theory of development in order to reconcile the developers’ goals with those of the objectors, who are often community members or conversation groups. Land use objectors are often concerned with maintaining the character of their community in the face of new development, or ensuring that scare environmental resources or open space is preserved. In these instances, our attorneys may attempt to negotiate a solution that benefits all parties. In the more contentious situations, our attorneys pursue litigation on behalf of our objector clients.

Our work with land use objectors grows out of our environmental law practice. Frequently, land use objectors seek out our law firm because of its strong environmental law capabilities. Our attorneys have been successful at brokering settlements or pursuing litigation in land use matters where stormwater management, threatened or endangered species, sprawl, over-development or environmental justice concerns are at issue. When a land use project involves environmental considerations, our attorneys are well-suited to the task and offer our clients a wealth of experience in both areas of the law.

New Jersey Land Use Litigation

The attorneys at Lieberman & Blecher concentrate their practice in controversy work. But controversies are not limited to the courtroom. Our attorneys find themselves appearing on contentious matters before planing and zoning boards, administrative agencies, mediators and arbitrators with great frequency. Litigators at heart, our attorneys are comfortable and adept in the court room and other court-like settings. Thus, when a land use, planning or zoning matter does not end at the board level, our attorneys are able to combine their land use knowledge and litigation skill to achieve lasting results for our clients. Our attorneys regularly prosecute and defend litigation in the courts, and land use matters are no exception. We appear before trial and appellate courts in order to both challenge and defend action at the board level when necessary.

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Recent Blog Posts

United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

National Association of Manufacturers v. Department of Defense, et al. 583 U.S. ____ (2018) Decided January 22, 2018 Since the passing of the Clean Water Act in 1972, the definition of “the waters
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United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

New Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment

On Tuesday, November 7, 2017, New Jersey voters will be asked to decide on a state constitutional amendment regarding the use of natural resource damages collected by the State in
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New Jersey Voters to Decide Important State Constitutional Amendment  concerning the Environment

Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

Real estate transactions involving commercial and residential properties frequently employ the use of escrow agreements to address potential environmental issues.  This practice is widespread in New Jersey and it permits
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Effective September 18, 2017, new soil remediation standards govern the cleanup of contaminated sites in New Jersey.  The New Jersey Department of Environmental Protection (“NJDEP”) recently updated remedial standards for
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