New Jersey Law

The Old Red Mill in Clinton

NEW JERSEY SUPREME COURT INVALIDATES COAH 3RD ROUND REGULATIONS

After years of legal challenges to the concept of “growth share” devised by the Council on Affordable Housing (“COAH”) as a method of providing for prospective affordable housing need, on September 26, 2013, the New Jersey Supreme Court ruled in…


New Jersey Supreme Court Decides COAH Is Ineffective and Opens the Courtroom Doors for Enforcement of Municipal Fair Share Housing Obligations – Gives Municipalities 120 Days to Act

This article was initially posted on March 24. On April 14 the post was updated to provide a more in depth analysis of the decision.

On March 10, 2015 the New Jersey Supreme Court took another step in the continuing …




Court enjoins COAH and Executive Branch from seizing affordable housing trust funds collected by municipalities.

In the continuing fallout from the failure of COAH to adopt Third Round Regulations, including those defining when affordable housing trust funds are committed, the Appellate Division was faced with an application from the Fair Share Housing Center to order …




NJ App. Div. addresses exemption under the Highlands Act for grandfathered approvals.

In a recent decision, Intellect Real Estate Development v. NJDEP, the Appellate Division addressed a provision of the Highlands Water Protection and Planning Act which provides an exemption for permits gaining certain approvals before a specified date. Intellect Real Estate…


NJ Supreme Court Rules on Effect of Potential Zoning Change in Eminent Domain Case

In the recent New Jersey Supreme Court decision, Borough of Saddle River v. 66 East Allendale, LLC, the Court considered whether, in a trial on just compensation, it was proper to allow the jury to hear evidence on the likelihood…


FREE BREAKFAST LECTURE SERIES

somerset nj law lecture seriesAt our Somerset County Law Office (Coffee, Orange Juice, Danish, Muffins & Bagels will be served)

Tuesday, September 27, 2016 (8am to 9am)
“12 Things Every Developer Should Know About Municipal Land Use Law”
Presented by: Jeffrey Lehrer, Esq.

Please…

CATEGORIES: Land Use & Zoning

Developers benefit from “Time of Application” law passed on May 5.

On May 5, 2010, Governor Christie signed into law P.L. 2010, Chapter 9, known as the “Time of Application” law, which protects the rights of a developer by requiring the municipality to apply the zoning in place when application is…


Jeff Lehrer receives the William M. Cox award for exemplary service to the legal profession and to local government

We are pleased to announce that our partner, Jeffrey Lehrer was recently honored by at the N.J League of Municipalities Convention with the William Cox Award for exemplary service to the legal profession and to local government. Bill Cox is…


Applicant has burden to prove that it did not abandon a prior non-conforming use

In Beverly Square Association, Inc. vs. Zoning Board of Adjust of the City of Trenton et al., the New Jersey Appellate Division held that a property owner, applicant for permit to renovate a prior non-conforming use, has the ultimate burden…


NJ App. Div. Reinforces Standard for Abandonment of Nonconforming Use

In 2006, Plaintiff leased a piece of commercial property located in the Amusement Zone (Zone A) of the Wildwood Boardwalk. The prior owner of the property operated a business that provided body piercing and tattooing services on the subject property.…