Recent Land Use Litigation

Several significant Land Use matters have been brought before both the Superior and Appellate Division Courts recently by members of our office. Our office successfully argued before Superior Court Judge Meehan, who sustained the unanimous approval secured from the Wycoff Planning Board for Inserra Supermarkets. In its sixty-three page decision, the Court dismissed all aspects of the multi-faceted complaints. The Superior Court’s decision has since been appealed by the competitor-objector to the Appellate Division. Look for a further update later in 2015.
The Appellate Division also heard oral argument on the long-standing Mahwah Crossroads rezoning case. Only a single count of the original complaint retains any viability as prior aspects of the case were either dismissed on Summary Judgment or abandoned by the Plaintiffs. Superior Court Judge Alexander Carver’s decision in favor of our client, Garden Commercial, was the subject of the argument. We look for a decision on that matter in the next few months.

Andrew Kohut successfully overturned a recent Use Variance application which was denied by the Closter Zoning Board. Appearing before Judge Meehan, he convinced the Court that the Board was arbitrary, capricious and unreasonable in denying the application. The Court went on to say that the record demonstrated that Andrew and his client met their burden for the relief sought and the Court reversed the denial of the application. Once again, however, the process is not over. An appeal to the Appellate Division has been filed by the Closter Zoning Board. Andrew is looking forward to arguing before an Appellate panel this summer. Look for a report in a future edition of Legal Update.

James E. Jaworski is a Partner at WJ&L, Chairman of the Real Estate Department and an active Land Use Practitioner.

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