No Statute Of Limitations For Spill Act Contribution Claims

The general statute of limitations for claims alleging injury to real property is six years.  However, a recent decision of the New Jersey Supreme Court ruled that private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act) are not subject to any statute of limitations.

Supreme Court Reinstates Downzoning Ordinance

Property owners who had successfully challenged a municipal open space ordinance that downzoned their property from one unit per acre to one unit per twenty acres on the purported basis of promoting “smart growth” and protection of environmentally sensitive lands achieved only a short-lived victory.  In the January 22, 2015 decision of Griepenburg v. Ocean […]

Town Need Not Address Master Plan Change

A New Jersey appeals court has ruled that a municipality is not required to respond to a proposed zoning change recommended by the town’s planning board in a master plan reexamination report.  Under New Jersey’s Municipal Land Use Law (MLUL), municipal planning boards are responsible for preparing master plans and reexamining those master plans at […]

Safe Dam Act Casts Broad Net

The Safe Dam Act (SDA) requires “[a]n owner or person having control of a … dam,” such as the dams that form artificial lakes and other impoundments throughout New Jersey, to maintain the dam in accordance with current regulatory standards and to implement “any action ordered” by the Department of Environmental Protection (DEP) to correct […]