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 […]
NJDEP Establishes New Ground Water Standards
The NJDEP recently recommended establishing specific ground water quality standards for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). New Jersey is the first state to set drinking water standards for these chemicals. PFOA and PFOS are frequently used in commercial applications but have also been to widely reported to cause health problems. Maximum contaminant levels […]
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 […]
NJ HMFA SEEKS COMMENTS ON PROPOSED AMENDMENTS TO LOW INCOME HOUSING TAX CREDITS QUALIFIED ACTION PLAN
Co-authored by Michael A. Bruno and Kyle J. Campanile For years the Low Income Housing Tax Credit Program has been successful in catalyzing private investment into underserved communities to develop affordable housing options for citizens. In short, the program is a 10-year tax incentive aimed at encouraging development of affordable residential rental housing. The tax […]
SUPREME COURT DECLINES TO HEAR UNDESIGNATED REDEVELOPER’S APPEAL
Co-authored by Brian J. Shemesh and Kyle J. Campanile The Supreme Court of New Jersey recently denied a petition for certification in the matter of Applied Monroe Lender v. City of Hoboken Planning Bd. and City of Hoboken, 234 N.J. 10, 187 A.3d 858 (Table). The petitioner, developer Applied Monroe Lender, LLC (“Applied”), owned property […]
Federal Qualified Opportunity Zones
Co-Authored by Brian J. Shemesh An Introduction to the Newest Incentive Program The Tax Cuts and Jobs Act, passed in December 2017, includes certain tax incentives for investors engaged in the development of a Qualified Opportunity Zone through a qualified Opportunity Fund. The goal of this legislation was to spur private investment in distressed areas. […]
Due Diligence and the Bermuda Triangle: Getting it Done
Co-authored by Melissa A. Clarke As published in the Spring 2016 edition of Dimensions Due diligence can make or break a deal, and there is a lot on the line for those charged with getting it right. (1) From an environmental perspective in New Jersey, that can be daunting. The Bermuda Triangle of diligence […]
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, […]
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