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 […]
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 […]
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 […]
On May 5, 2011, a huge hole in the Municipal Land Use Law was finally closed when the Time Of Submission Law went into effect. Previously, applications submitted for development approvals were subject to municipal ordinances in effect at the time the decision was rendered. Thus, an applicant could go through the time and expense […]
The landscape continues to change around the new Site Remediation Reform Act (“SRRA”). You may recall prior Legal Update discussions about SRRA and the total overhaul of the regulations governing environmental clean-ups. Certain aspects of the SRRA are already in flux. The comment period for these regulatory revisions, published on October 4th, closed on December […]
Just last summer, the statewide Nonresidential Development Fee Act was enacted on July 17, 2008. The Act preempted any municipal affordable housing or “COAH” fee ordinance and mandated that any nonresidential development be assessed a fee equaling 2.5% of the equalized assessed value of the improvements and land of the new development (the “2.5% Fee”). […]
One need not be formally trained in economics to recognize the signs of a significant downturn in the health of the American economy. Sub-prime mortgages have precipitated a “correction” of fairly major proportions in the real estate market. Significant negative economic factors are challenging the banking, real estate and construction sectors throughout New Jersey. Believing […]
In August 2004, only days before announcing he was leaving office early, then Governor Jim Mc Greevey signed into law the Highlands Water Protection and Planning Act (the “Highlands Act”). Although a clearly well-intentioned attempt to positively impact the quality of drinking water for many New Jersey residents, the Highlands Act immediately created havoc for […]
In a recent edition of Legal Update, we called your attention to the NJDEP regulations governing septic systems. In effect since March, 2001, the new regulations virtually eliminated development in non-sewered areas. Extremely expensive “water quality management plans” were mandated by any project proposing 6 or more single family homes or approximately 16,000 square feet […]
Development in Non-sewer Areas Difficult On March 20, 2001, new septic system regulations were put in place by the New Jersey Department of Environmental Protection. These new regulations, which were conceived through Governor Whitman’s Executive Order 109, are ostensibly aimed at preventing “sprawl.” The real effect is a virtual moratorium on certain types of development. […]