By Michael Camastra | Published July 8, 2020 | Posted in Land Use, Legislative Preemption, Objector Litigation | Comments Off on Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances
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⟩ Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances
On November 20, 2019, the Superior Court of New Jersey, Camden County Law Division, issued an opinion in the matter captioned Lakeview Memorial Park Association v. Burlington County Construction Board of Appeals, et al., Docket No. L-003629-19. In this matter, plaintiff filed a complaint in lieu of prerogative writs pursuant to Rule 4:69-1 and sought Read More
Read MoreNJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have standing to challenge a local planning board’s approval for a neighboring property. The syllabus and opinion for this case, Cherokee LCP Land, LLC v. 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 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 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 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 MoreCourt Applies Principles of Penn Central v. New York in Coastal Wetlands Case
In Scot Netherlands, Inc. v. State of New Jersey, the plaintiff owned a 22.87-acre plot of land in Atlantic City that was vacant wetlands except for a rent-producing billboard on the site. In 2007, after owning the property for 30 years, the plaintiff filed an application with New Jersey Department of Environmental Protection (“DEP”) for Read More
Read MoreL&B Reflects on the Legacy of Environmental Activist Jane Tousman
Jane Tousman, a New Jersey environmental activist who made great strides in wetlands preservation in Edison, passed away on Saturday, March 22, 2014 at the age of 77 due to complications of a stroke. Jane dedicated much of her life to the battle for land preservation. Jane was known to be relentless and prepared; she Read More
Read MoreMarlboro Planning Board Rejects Developers Application
The Marlboro Planning Board voted last Wednesday night to deny a developer’s application to build a large-scale affordable housing project due to environmental constraints. In particular, the Board expressed concerns over the stormwater system proposed to service the runoff on the property. According to State law concerning runoff, a stormwater system must absorb all of Read More
Read MoreNJ Supreme Court Judge Rules Two-Step Process Required for Eminent Domain Zoning Changes
In a recent New Jersey Supreme Court decision entitled Borough of Saddle River v. 66 East Allendale, LLC the Court addressed whether “it was proper to allow the jury to hear evidence on the likelihood of a zoning change without the trial court first determining outside of the jury’s presence that there was a reasonable Read More
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Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances
By Michael Camastra / July 8, 2020
On November 20, 2019, the Superior Court of New Jersey, Camden County Law Division, issued an opinion in the matter captioned Lakeview Memorial Park Association v. Burlington County Construction Board
Read More
Should the Association Pool be Reopened During COVID-19?
By C. Michael Gan / June 29, 2020
As the State of New Jersey slowly recovers from COVID-19, Governor Murphy has begun to reopen the state and relax restrictions on businesses and activities. Under Executive Order 153, outdoor
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Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor
By Stuart Lieberman / June 15, 2020
Federal caselaw has long made it clear that states may not be sued in federal court unless they have consented to such suit or unless Congress has narrowly subjected a
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Supreme court holds that original manufacturers can be liable for asbestos exposure emanating from replacement parts
By Brittany W. DeBord / June 9, 2020
It is clear that a manufacturer of a product that contains asbestos can be held liable in New Jersey for asbestos related illnesses associated with the use of the asbestos
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