The Redeveloper

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Powerhouse case for Redevelopment

In what continues to be a very good month for redevelopment, on May 17, 2010 the Appellate Division decided Powerhouse Arts District Neighborhood Association Redevelopment, et al v. City Council of the City of Jersey City and rejected the arguments of the plaintiff neighborhood association group challenging the City’s amendments to the redevelopment plan for a downtown […]

Finally, Post Gallenthin Appellate Division Upholds Redevelopment Designation

On May 6, 2010 the Appellate Division in Suburban Jewelers, Inc et al v. City of South Plainfield  upheld the City Of Plainfield’s redevelopment designation of a portion of its central business district.   Of the over thirty cases that have reviewed, discussed or cited the Gallenthin case since Gallenthin was decided in the summer of […]

Christie Administration Goes Solar

On April 22, 2010 Governor Christie signed into law S-921, which is intended to smooth the way for zoning approvals involving solar panels.  The new law specifically exempts solar panels in the calculation of “impervious coverage” as defined under the Municipal Land Use Law.  Similarly, solar panels are not to be considered in determining agricultural […]

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. […]