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 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 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
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 MoreRecent NJ Appeals Court Ruling May Bring Trouble for Victims of Superstorm Sandy
Property owners affected by Superstorm Sandy may be in for a big surprise as they try to re-build their homes and businesses. In a recent NJ Appellate Division case, Motley v. Borough of Seaside Park, No. A03214-11 the Court strictly construed N.J.S.A.40:55D-68, holding that the statute only allows a nonconforming structure to be rebuilt if 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
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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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