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
Search Site
10 Jefferson Plaza, Suite 400 | Princeton, New Jersey 08540
845 Third Avenue, 6th Floor | New York, New York 10022
845 Third Avenue, 6th Floor | New York, New York 10022
Call for a consultation
732-355-1311
Category Archive
Development
1 - 10 of 50
Page 1 of 5
⟩ 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 MoreShipping warehouse development continues steadily across New Jersey despite community opposition
As the majority of retail transactions continue to rapidly shift to the online sphere, the development of shipping warehouses continues to boom across the state of New Jersey and elsewhere in the country. The developers of these facilities have often been met with opposition from members of the community at local planning and zoning board Read More
Read MoreAppellate 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 properties that may have environmental issues to go to closing without first accomplishing a cleanup. This practice is good for the buyer, good for the Read More
Read MoreNJDEP Updates Soil Remediation Standards for 19 Contaminants
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 nineteen contaminants based on the United States Environmental Protection Agency’s revisions to carcinogenic slope factor and non-carcinogenic reference dose data in its Integrated Risk Information Read More
Read MoreAdministrative Remedies Must Be Exhausted Before Inverse Condemnation Lawsuit
The Supreme Court in Griepenburg v. Ocean Township, 220 N.J. 239 (2015), considered the circumstances under which municipal zoning ordinances represent a legitimate exercise of a municipality’s power to zone property consistent with its Master Plan and the Municipal Land Use Law (“MLUL”) goals. In the late 1990s, Ocean Township, which is bordered by the Read More
Read MoreFirm Prosecutes New Jersey Pinelands Violations
Family Seeks to Preserve Pinelands, Property A Township of Medford family filed suit on February 23, 2015 in the Burlington County Superior Court, alleging their neighbors engaged in the improper clearcutting of 11,000 square feet of native vegetation and trees in the protected Pinelands area of New Jersey. According to the lawsuit, filed by Plaintiffs Read More
Read MoreAppeals 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 MoreThe Price Tag to Develop on Preserved Land in NJ May be Going Up
The New Jersey Legislature is considering a bill (S-570) which would result in companies paying more to develop building on public land. The bill proposes that proposed projects on preserved land in the state would be assessed for how much revenue that project would generate. The proposal is intended to help balance the value to Read More
Read MoreAppellate Division Affirms Franklin Township Ban on Digital Billboards
The New Jersey Appellate Division recently upheld a decision by Franklin Township, New Jersey to ban digital billboards along a stretch of Interstate 287, while allowing static billboards to be implemented. The Appellate Division determined that no violation of the First Amendment took place as part of the ban, with Judge Marianne Espinosa stating that 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 More
1 - 10 of 50
Page 1 of 5
⟩
Our Attorneys
Recent Blog Posts
Environmental Hearing Requests by Third Parties: An Update
By Stuart Lieberman / September 15, 2021
In 2010 this author contributed an article discussing the difficulty that anyone other than an applicant had in administratively contesting a permit. Stuart J. Lieberman and Shari M. Blecher, “It’s
Read More
Hoboken cannot block residential development with new zoning ordinances, Supreme Court holds
By Zoe N. Ferguson / September 8, 2021
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
Read More
Long standing land use attorney Michele Donato joins Princeton’s Lieberman Blecher & Sinkevich as “of counsel”
By Stuart Lieberman / August 19, 2021
The law firm of Lieberman, Blecher & Sinkevich is proud to announce that Michele R. Donato, Esq. has become Of Counsel with their firm.
Ms. Donato has specialized in land use,
Read More
RLUIPA case in SDNY challenges alleged discrimination against Orthodox Jewish community
By Carolyn Griffin / August 19, 2021
In December 2020, the Southern District of New York filed a lawsuit under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the Village of Airmont. The suit alleges
Read More
Contact Our Firm
