By Breanna R. Marchesani | Published January 23, 2023 | Posted in Zoning | Tagged Tags: Can a certificate of occupancy he issued for an insafe property, Can a certificate of occupany be revoked, certificate of occupancy, Revocation of a c of o | Comments Off on What to do if a certificate of occupancy has been incorrectly issued?
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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
Read MoreVillage 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
Read MoreTrial 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
Read MoreMeadowlands 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
Read MoreThe 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
Read MoreRLUIPA 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
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 MoreRLUIPA case in SDNY challenges alleged discrimination against Orthodox Jewish community
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 that the Village has been discriminating against the Orthodox Jewish community via its recent zoning regulations enacted in 2018. RLUIPA was signed into law in Read More
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