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Municipal Land Use Law
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Appellate Court Reverses Lower Court Ruling on Solar Energy Project, Clarifying Zoning Ordinance Interpretations

By | Published March 14, 2025 | Posted in Uncategorized | Tagged Tags: , , , , , , , , , | Comments Off on Appellate Court Reverses Lower Court Ruling on Solar Energy Project, Clarifying Zoning Ordinance Interpretations

Gloucester Solar I, LLC recently sought approval to build a commercial solar energy facility in the Business District of Franklin Township. The Township’s zoning ordinance did not explicitly include solar energy facilities as a permitted use in the Business District.  Gloucester argued at a public hearing in front of the Zoning Board that the district Read More

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No Two Ways About It: Neptune Ordinances Properly Protect Historic District of Ocean Grove, Court Holds, Preventing Homeowners from Rebuilding Double Walkways Across Historic Open Space

By | Published March 14, 2025 | Posted in Uncategorized | Tagged Tags: , , , , , | Comments Off on No Two Ways About It: Neptune Ordinances Properly Protect Historic District of Ocean Grove, Court Holds, Preventing Homeowners from Rebuilding Double Walkways Across Historic Open Space

The Appellate Division rejected a Neptune couple’s argument this February that they should be allowed to tear down and rebuild preexisting nonconforming walkways that traverse a historic open space without approval from the local Historic Preservation Committee (HPC). The Court held in William E. Taylor, IV and Rachel Taylor v. Zoning Board of the Township Read More

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Appellate Division Underscores Criteria Necessary for (c)(2) Variance Approval

By | Published February 24, 2025 | Posted in Uncategorized | Tagged Tags: , , , , , , , , | Comments Off on Appellate Division Underscores Criteria Necessary for (c)(2) Variance Approval

In Kaja v. Borough of West Long Branch Planning Board, 2025 N.J. Super. Unpub. LEXIS 171, a recent unreported Appellate Division decision, the Court upheld the Borough of West Long Branch Planning Board’s (the “Board”) decision to deny the plaintiff’s application to subdivide his single-family residential property and to construct a second single-family home. In Read More

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Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

By | Published January 2, 2025 | Posted in Appellate Practice, Governmental Tort Immunity, Land Use, Litigation, Real Estate, Zoning | Tagged Tags: , , , , , , | Comments Off on Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

A recent unreported Appellate Division decision emphasizes the detail required in zoning board resolutions.   In that case, American Outdoor Adver., LLC v. Edison Twp. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2977, the Edison Township Zoning Board denied a billboard company’s application for preliminary and final site plan approvals and conditional use and Read More

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Court Sends Board of Adjustment Back to Work on Inadequate Resolution

By | Published October 28, 2024 | Posted in Uncategorized | Tagged Tags: , , , | Comments Off on Court Sends Board of Adjustment Back to Work on Inadequate Resolution

A recent unreported Superior Court decision out of the Essex Vicinage shows that the way a Board of Adjustment writes their resolutions matters. In the case, Simmons v. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2170, the Plaintiffs brought an action challenging Newark’s Zoning Board of Adjustment’s grant of a use variance, bulk Read More

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Administrative Remedies Must Be Exhausted Before Inverse Condemnation Lawsuit

By | Published March 30, 2015 | Posted in Appeals, Condemnation, Development, Land Use, Litigation, Pinelands, Planning, Zoning | Tagged Tags: , , , , , , | Leave a comment

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

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • 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

    NJ.com 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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