The Redeveloper

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Notice of Public Hearings, Get it Right or Pay the Price

May 6, 2010 | No Comments
Posted by Michael Bruno

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 2008 the court in Harrison Redvelopment Agency v. DeRose decided that in the redevelopment context, in addition to the notice requirements set forth in the governing Local Redevelopment and Housing Law, a heightened notice was required.  Most recently, Judge Feinberg in IC/L-A Washington Road, LLC v. Township of West Windsor, et al,  further expanded the rights of property owners that do not get a “Harrison notice”.    Clearly, the notice provided in the redevelopment context must be precise and follow both the Local Redevelopment and Housing Law and the guidance found in Harrison to withstand a timely challenge as well as cut off future challenges outside the 45 day appeal period.

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