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In Lakewood Realty Assocs. v. Twp. of Lakewood Planning Bd. & Rd Lakewood, 2023 N.J. Super. Unpub. LEXIS 1634, an unpublished Appellate decision decided last week, a developer submitted an application to build a hotel. In the developer’s public notice, the project was described as a hotel and a bank. What the notice did not Read More

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Law Firm Stops Franklin Township Two Warehouse Proposal

Lieberman Blecher & Sinkevich has prevailed in its effort to block a warehouse proposal in Franklin Township, Somerset County, New Jersey.  The project, referred to as the “B9” application, was to construct two warehouses near and along what the Township refers to as a scenic corridor.  On September 26, 2023 the Franklin Township Planning Board Read More

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What to do if a certificate of occupancy has been incorrectly issued?

Town rescinds certificate of occupancy for former motel On January 5, 2023, the Superior Court of New Jersey Appellate Division decided the case Department of Community Affairs, etc v. Kenneth D. Roberts, etc. In this case, Defendant Kenneth D. Roberts appeals from the final decision of the Commissioner of the Department of Community Affairs to suspend his license under the Hotel and Multiple Dwelling Law Read More

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Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Bogota

The Superior Court of New Jersey’s Appellate Division recently upheld a board decision to approve the settlement of an application for a conditional use variance and final site plan approval to install a billboard on property along a highway. In Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Read More

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Trial Court Reverses WAWA Application

A Camden County Judge has reversed a Planning Board decision to allow a WaWa store to be constructed in Winslow Township.   The lawsuit is entitled S&N Multani et al v. Winslow Township Planning Board, et al, Docket Number CAM-L_1281-21. At issue is whether a combined gasoline retail station/ and mini-market operation was allowed by local Read More

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Meadowlands revised master plan upheld

On January 27, 2022, a decision was made by the Superior Court Appellate Division on In the Matter of New Jersey Sports and Exposition Authority Resolution 2020-07, Adopting the Hackensack Meadowlands District Master Plan Update 2020. The New Jersey Sports and Exposition Authority (“NJSEA”) was formed to adopt and implement a master plan for the Read More

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The Friendly Neighborhood Scheme

You have lived happily in your home for years, content with the fact that all the houses on your street appear the same from the outside. A deed restriction that applies to all the homes on the street, helps make sure the neighborhood looks consistent and uniform throughout. But then, a new neighbor comes in, Read More

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Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds

Even though a crematorium performs a similar function to a traditional cemetery, a pre-existing nonconforming cemetery cannot add one to its grounds, extending its nonconformity, without Zoning Board approval. In Old Tennent Cemetery Association v. Township of Manalapan Planning Board, Docket No. A-2961-19 (App. Div. Oct. 20, 2021), Old Tennent Cemetery Association appealed the dismissal Read More

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RLUIPA lawsuits and free beach parking

RLUIPA defense counsel took note of a Florida case earlier this year that questioned whether free beach access constituted a sincerely held religious belief under the RLUIPA statute. The case, encaptioned Pass-A Grille Beach Community Church Inc. v. City of St. Pete Beach concerned a municipal challenge to a church’s evangelical practices that occurred while Read More

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Appellate 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

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In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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