By Michael C. Kondrla | Published August 13, 2018 | Posted in Appeals, Environmental Issues, Land Use, Planning, Zoning | Comments Off on NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
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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. City of Linden Planning Bd. (A-82-16) (079146), may be found here: http://appellatelaw-nj.com/wp-content/uploads/2018/08/Cherokee-LCP-Land-LLC-v.-Linden-Planning-Bd..pdf. 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 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 MoreNew DEP Permit Rules will Simplify Sandy Recovery Efforts
The Christie Administration filed emergency rules to assist in the expedition of Superstorm Sandy-related recovery and rebuilding on March 17, 2013. These rules are meant to cut through unnecessary red tape that is delaying some aspects of New Jersey’s recovery from Sandy for both homes and businesses. The rules also contain portions that will expedite Read More
Read MorePost-Sandy Dune Construction: Not So Fast
Did Superstorm Sandy make it safe for the State to deride waterfront property owners for refusing to allow the State to erect two-story beach dunes on their waterfront property? The State may think that such extreme protective measures may be more politically palpable because, after living through Sandy and witnessing her destruction, New Jerseyans better Read More
Read MoreNJDEP Updates Elevation Standards and Flood Maps
On March 26, 2013 the Administration of Governor Christie filed an adoption package that will set new statewide elevation standards, based on flood maps by the Federal Emergency Management Agency (FEMA). This package will keep an emergency rule from January 2013 in place. The update reflects the first change to New Jersey’s coastal county flood Read More
Read MoreNJDEP "Waiver Rule" Upheld by Appellate Court
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More
Read MoreBillboards: A Constitutional Battleground
As Justice Byron White brought to our attention, “[e]ach method of communication has its own set of laws, and we deal here with the law of billboards.” This “law of billboards” seeks to resolve the confluence between the First Amendment and the billboard, a particularly unique means of expression–especially in our ever increasingly technical society Read More
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Terranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act
By Daniel E. Hewitt / January 11, 2019
On January 4, 2019, the New Jersey Appellate Division handed down a decision in Terranova vs. General Electric Pension Trust, Docket No. A-5699-16T3 (hereinafter, “Terranova”). In Terranova, The New Jersey
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NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
By Michael C. Kondrla / August 13, 2018
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
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The Downside to Higher Ground: Appellate Division affirms finding of a townhome owner’s negligence and responsibility for water damage to a below unit caused by a prolonged leaking washing machine hose
By Michael Camastra / August 13, 2018
On August 1, 2018, the Superior Court of New Jersey, Appellate Division ruled in favor of plaintiff in the matter captioned Joseph S. D’Elia v. Joyce Campisi and Liberty Mutual
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United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue
By C. Michael Gan / February 6, 2018
National Association of Manufacturers v. Department of Defense, et al.
583 U.S. ____ (2018)
Decided January 22, 2018
Since the passing of the Clean Water Act in 1972, the definition of “the waters
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