Notice of Public Hearings, Get it Right or Pay the Price
Always a critical jurisdictional requirement in municipal land use applications, getting the public notice right in the redevelopment context has even greater importance. Starting with the Gallenthin decision in the summer of 2007, New Jersey court’s have reviewed redevelopments designations with a keen eye toward protecting private property rights impacted by the designation. In addition, in […]
Governor Christie Signs “Time of Application” Bill
Long awaited by land use practitioners, Governor Christie signed Senate Bill No. 82 on May 5, 2010. The new law, which becomes effective a year from today, amends the Municipal Land Use Law and provides that municipal regulations in effect on the date of submission of a development application shall govern for purposes of review and decision on that […]
Redevelopment, The Pendulem Continues to Swing Towards Private Property Rights
In the summer of 2007 we predicted that the New Jersey Supreme Court decision, Gallenthin Realty Development Inc. v. Borough of Paulsboro, marked the swinging of the pendulum against the use of eminent domain in the redevelopment context in New Jersey. Unfortunately for those believing in the merits on which the redevelopment law was founded, […]
Zoning Standards: The Tough Get Tougher
New Jersey’s zoning laws should promote revitalized use of properties which have been neglected, or fallen into nonuse status. Right? Not so fast. A recently decided New Jersey Appellate Division case further erodes the notion that redevelopment, or “brownfield” cases should enjoy any type of relaxation in the application of legal standards to be applied in zoning decisions. […]
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