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 […]

Appeals Court Questions Municipal Ordinances On Abandonment Of Nonconforming Use

Under New Jersey’s Municipal Land Use Law (MLUL), any nonconforming use or structure lawfully existing at the time of the passage of an ordinance making the use or structure nonconforming − sometimes called a prior nonconforming use − may be continued indefinitely. However, this right is lost if the use or structure is abandoned. Abandonment […]

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 […]

DEP Needs Court Order to Seize Control of Private Property

The Appellate Division of Superior Court rejected efforts by the Department of Environmental Protection (DEP) to seize control of private property without first securing a court order, and limited the DEP’s authority to retroactively apply new environmental standards.

GH&C Attorneys Prevail In Wetlands Permit Appeal

Accepting the legal arguments made by GH&C attorneys Paul H. Schneider and Afiyfa H. Ellington, the Appellate Division of Superior Court has upheld a freshwater wetlands general permit authorization the NJDEP issued to Lee Brothers, Inc.  The New Jersey Conservation Foundation and the Pinelands Preservation Alliance challenged the general permit authorization, which permits Lee Brothers […]

Appellate Division Affirms That Not Every Impairment In Property Value Will Establish A Government Regulatory Condemnation Claim

In Scot Netherlands, Inc. v. State of New Jersey, Department of Environmental Protection, Docket No. A-5156-11T3 (App. Div. April 7, 2014), the Appellate Division reconfirmed that not every impairment in property value establishes a taking, noting that the allegation of an entitlement of intensive use will not avail the property owner if the project would […]

Spill Act Claim Subject To Statute Of Limitations

The Appellate Division of the New Jersey Superior Court has decided that private claims for contribution pursuant to the New Jersey Spill Compensation and Control Act (Spill Act) are subject to a statute of limitations.  In the case of Morristown Associates v. Grant Oil Company, the plaintiff argued that because the Spill Act states that […]

The Appellate Division Reconfirms The Process For A Municipality To Voluntarily Conform To A Highlands Region Planning Area

On August 7, 2013, the Appellate Division recently addressed when a municipality must comply with the regulatory framework of the Highlands Water Protection and Planning Act (“Act”) N.J.S.A. 13:20-1 to -35, when it elects to join the Highlands Region planning areas and the interplay in the municipality amending their land use ordinance in In re […]

Appellate Court Upholds NJDEP Decision to Remove Park From ROSI

On May 29, 2013, the Appellate Division determined that the DEP appropriately allowed the removal of the Robert J. Miller Air Park from Ocean County’s Recreation and Open Space Inventory (“ROSI”).  The Pinelands Preservation Alliance and New Jersey Conservation Foundation, represented by the Eastern Environmental Law Center, appealed from the NJDEP action authorizing amendment of […]