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 […]

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 […]

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.

Toms River Wal-Mart Hits A Snag

In two cases decided by the Appellate Division last week, the Toms River/Manchester Township Wal-Mart suffered a setback.  In an unpublished decision, the Appellate Division determined that the Planning Board approval in Manchester Township was invalid since shopping centers were not a permitted use in the applicable zone when the approval was granted.  In the […]

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 […]

Homeowners May Still Get Compensation For Loss Of Ocean View

Earlier this year, the New Jersey Supreme Court reversed a lower court’s decision that awarded the owners of an oceanfront home $375,000 for loss of their ocean view when the Borough of Harvey Cedars used eminent domain to acquire an easement for dune construction.  Given today’s “sound bite” culture,  many took this to mean that […]

Supreme Court Refuses to Hear DEP Waiver Rule Appeal

In what is probably the final chapter in the judicial challenges to the DEP’s rule authorizing it to waive many of its rules in certain circumstances, the Supreme Court of New Jersey has denied the appellants’ petition for certification. This lets stand the Appellate Division decision upholding the rule.

Court Bars DEP’s Reliance On “Guidance” For Stormwater Management Plans

In upholding DEP’s “waiver rules” earlier this year, the Appellate Division of New Jersey Superior Court called into question the agency’s reliance on “guidance documents” in lieu of formal rulemaking.  In that case, the court upheld the waiver rules despite DEP’s use of guidance documents in implementing the rule, finding that there are sufficient substantive […]

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