Hearings before land use boards often involve fact witnesses and expert witnesses who provide the factual and legal basis upon which a board renders its decision. Expert testimony in the land use context is most often presented by professionals in the fields of engineering, architecture, and professional planning. Neither the Municipal Land Use Law (“MLUL”) […]
The U.S. Supreme Court heard oral argument on December 5th in the highly controversial case, Masterpiece Cakeshop v. Colorado Civil Rights Comm. This case involves Colorado cake ‘artist’, Jack Phillips’ refusal to create a custom cake for a same – sex marriage couple, alleging it conflicted with his religious beliefs. The case has major First […]
New Jersey’s Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., governs liability regarding a property upon which hazardous substances have been discharged. The Act states that anyone “in any way responsible” for hazardous substance discharge is strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs. Land purchasers in […]
There may come a point in time where you are asked to serve as a personal representative of an estate of a loved one. With this privilege comes legal obligations and fiduciary duties. Pursuant to New Jersey statutory law, a personal representative of an estate has a duty to settle and distribute the estate of […]
As you may recall from past Legal Updates, the New Jersey Legislature made a sweeping change to the application procedure dictated by the Municipal Land Use Law. Prior to 2011, applications submitted for development were subject to municipal ordinances in effect at the time the decision was rendered by the Board. This meant that pending […]
We are extremely pleased to celebrate with our client, Inserra Supermarkets, that one of our long-standing development projects is nally about to commence construction. Filed back in the Fall of 2009(!!), the application of Inserra Supermarkets, Inc. was unanimously approved by the Wyckoff Planning Board after an incredible 38 public hearings. The Resolution of Approval […]
There is no denying that Americans love their pets. In fact, our supermarkets have an entire aisle dedicated to them. If you take a visit to your local pet store, you can even nd bones that cost upwards of $50.00. According to the 2015-2016 National Pet Owners Survey conducted by the American Pet Products Association, […]
Excessive noise can be a health hazard. It can affect your sleep, interfere with your concentration and raise your blood pressure. This has long been recognized by the New Jersey legislature. The New Jersey Noise Control Act of 1971 was enacted to protect us from excessive noise generated mostly by commercial, industrial, public service or […]
When presenting an application before a Planning Board, one of the issues which a Board may seek to delve into is the impact a proposed development will have on the off-site traf c conditions. However, as is often misinterpreted, this does not give a Planning Board the authority to deny an application based on its […]
In New Jersey, there is a well-established principle in land use jurisprudence, that zoning should be done by ordinance, and not by variance. Nonetheless, every day throughout the State, municipal planning boards, and municipal zoning boards of adjustment, hear applications made by property owners seeking relief from zoning ordinances. The relief requested is typically a […]