By Zoe N. Ferguson | Published November 29, 2021 | Posted in Toxic Tort & Injury Claims | Tagged Tags: Claims against the state Claims against NJ dot, Late tort claim notice, Leave to file late tort claim notice in New Jersey, Tort claim notice | Comments Off on Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances
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Zoe N. Ferguson
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⟨ Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances
A Maple Shade Township developer’s appeal of permit conditions was untimely when they appealed four months past the deadline and without any change in circumstances justifying deadline relaxation, the Appellate Division held this month. In Maple Shade Equities, LLC v. New Jersey Dep’t of Transportation, Docket No. A-3709-19 (App. Div. Nov. 17, 2021), developer Maple Read More
Read MoreNJDEP Required to Implement Some Portions of Governor Murphy’s Environmental Justice Law Immediately
On September 22, 2021, NJDEP Commissioner Shawn LaTourette issued Administrative Order No. 2021-25, requiring the Department to apply environmental justice standards to permit applications. While the Environmental Justice Law, signed by Governor Murphy in September 2020, cannot yet be fully implemented, this Administrative Order applies environmental justice requirements while we wait for the DEP to Read More
Read MoreAppellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity
Rantz v. Planning Board of the Borough of Bay Head, Docket No. A-2847-19 (App. Div. Sept. 8, 2021) This month, the Appellate Division upheld the Planning Board of the Borough of Bay Head’s decision to grant a certificate of pre-existing non-conformity, declaring that a backyard accessory structure had plumbing in it for years prior to Read More
Read MoreHoboken 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 MoreAppellate Court Doesn’t Buy Arguments from East Brunswick Used Car Salesmen, Requires Variance
The Appellate Division rejected an East Brunswick car wrecking business’s attempts to keep selling used cars without a use variance, holding it was not a preexisting nonconforming use, in Hidden Oak Woods, LLC v. P&F Giancola, d/b/a Giancola Wrecking and Auto Sales, 2021 N.J. Super. Unpub. __ (App. Div. 2021), Docket No. A-2704-19. Property owners Read More
Read MorePolice Departments’ Arrest Records are Public Records Subject to Public Disclosure, Supreme Court Says
Even if the judiciary creates the forms and stores them once completed, arrest records are still police records subject to public disclosure under the Open Public Records Act (OPRA), the New Jersey Supreme Court held this month. On June 17, 2021, the Court held in Baffi Simmons v. Wendy Mercado, __ N.J. ___ (2021), that Read More
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