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 […]

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  In an unpublished decision, the Appellate Division determined that the Planning Board approval in Manchester Township was invalid since shopping centers were not a permitted use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 […]

Appellate Court Clarifies Notice Requirements For Zoning Ordinances Changing The Classification Of A Zoning District

In Mahwah Realty Associates, Inc. v. Township of Mahwah, the Appellate Division of the Superior Court of New Jersey recently determined that compliance with certain enhanced notice requirements were not required for zoning ordinances changing the classification of a zoning district.  N.J.S.A. 40:55D-62.1 sets forth the notice requirements that the governing body of a municipality […]