By C. Michael Gan | Published November 18, 2021 | Posted in Land Use, Planning, Zoning | Tagged Tags: ability to enforce neighborhood scheme, court applies neighborhood scheme to prevent inappropriate development, neighborhood scheme, neighborhood scheme applicable to entire community, neighbors attempting to enforce neighborhood scheme, zoning proposals that are inconsistent with neighborhood scheme | Comments Off on The Friendly Neighborhood Scheme
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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
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
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 MoreNJDEP new stormwater regulations are in effect
Developers in New Jersey must now meet the State’s new stormwater regulations. New Jersey has had numerous generations of stormwater regulations, some of which have had to be revised following court challenges. Stormwater regulation is the control of rainwater that cannot not be naturally absorbed as a result of new development or disturbances. Poor stormwater Read More
Read MoreWarehouse Construction in NJ May Be Curtailed in Proposed Legislation
New Jersey State Senate subcommittees are currently considering a bill (S-3688) that aims to dramatically slow shipping and distribution warehouse construction across the State. Recently it seems that is the only thing that anyone has wanted to build in this state but some lawmakers believe that there may be such a thing as too many Read More
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