New Jersey Supreme Court Rules in Avalon
What is the impetus behind many Supreme Court decisions? Common sense, equity and a practical approach. On June 22, 2010, the New Jersey Supreme Court rendered a unanimous decision in the Klumpp v. Borough of Avalon case. In Klumpp,the plaintiffs’ home was destroyed as a result of a devastating nor’easter occurring in 1962. Following the [...]
Affordable Housing Revisited: Fact or Fiction?
New Jersey’s Fair Housing Act is outdated, unpredictable and ineffective. Not a great combination. In the eyes of most, it has simply failed to achieve its stated purpose. On May 13, 2010, Governor Christie announced a basic road map to revamping the entire affordable housing system in New Jersey. The Governor’s plan would abolish the Council [...]
Christie Administration Goes Solar
On April 22, 2010 Governor Christie signed into law S-921, which is intended to smooth the way for zoning approvals involving solar panels. The new law specifically exempts solar panels in the calculation of “impervious coverage” as defined under the Municipal Land Use Law. Similarly, solar panels are not to be considered in determining agricultural [...]
Governor Christie Signs “Time of Application” Bill
Long awaited by land use practitioners, Governor Christie signed Senate Bill No. 82 on May 5, 2010. The new law, which becomes effective a year from today, amends the Municipal Land Use Law and provides that municipal regulations in effect on the date of submission of a development application shall govern for purposes of review and decision on that [...]
Zoning Standards: The Tough Get Tougher
New Jersey’s zoning laws should promote revitalized use of properties which have been neglected, or fallen into nonuse status. Right? Not so fast. A recently decided New Jersey Appellate Division case further erodes the notion that redevelopment, or “brownfield” cases should enjoy any type of relaxation in the application of legal standards to be applied in zoning decisions. [...]
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