Appellate Division Upholds Limits on Cross-Examination in The Alliance for Sustainable Cmty. Mercer-Monmouth v. Robbinsville Twp. Zoning Bd., Docket No. A-2509-21 (App. Div. July 25, 2024)
On July 25, 2024, the Appellate Division affirmed the lower Court’s decision upholding the Township of Robbinsville Board of Adjustment’s (the “Board”) approval permitting the construction of two light-industrial warehouse/distribution/office facilities (the “Project”) at property located at 824 Robbinsville-Allentown Road Parcel (the “Property”). The Property previously received Board approval in 2008 for 508,700 square feet […]
COURT TIGHTENS SCREWS ON REDEVELOPMENT CONDEMNATION
The Appellate Division of New Jersey Superior Court has narrowed the circumstances in which municipalities may condemn land for redevelopment over the objection of the property owner. Glassboro v. Grossman involved an admittedly derelict structure located on approximately one acre that Glassboro included in a redevelopment area in 2000. In 2017, the town filed a condemnation […]
The Appellate Division Reverses COAH’s Gap Period Requirement
Co-authored by Peter J. Guastella This is big. Affordable housing in New Jersey has taken another major turn in the Court system due to the latest decision in the Appellate Division handed down on July 11, 2016. Most importantly, the Court’s decision holds that the plain language of the Fair Housing Act of 1985 does […]
Court Addresses “Catalyst” Requirement under Mt. Laurel Doctrine and Rejects Township’s “All or Nothing” Approach to Builder’s Remedy in Cranford Development Associates LLC v. Township Of Cranford, A-5822-12T2, ___ N.J. Super. ___ (App. Div. 2016).
Co-authored by Melissa A. Clarke In this recent affordable housing decision, the Appellate Division upheld a Union County trial court’s final order granting a builder’s remedy to plaintiff Cranford Development Associates, LLC (the “developer”) for the construction of a 360-unit residential development in Cranford. The court made several noteworthy points, the most significant of which […]
Appellate Division Confirms Illegality of Maintenance “Contributions” that Exceed the 15% Cap Permitted by N.J.S.A. 40:55D-53(a)(2)
In its August 7, 2014 opinion in Majestic Contracting, LLC v. Nunziato, Docket No. A-1539-12T3 (App. Div. Aug. 7, 2014) (“Majestic II”), the New Jersey Appellate Division confirmed that municipal ordinances that require developers to pay maintenance “contributions” for certain improvements are unlawful under the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et. seq. […]
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