Spring 2019 Case Law Update by Dennis M. Galvin, Esq. In the Tirpak v. Borough of Point Pleasant
Beach Zoning Board appellate case the courts strike down a condition of approval deemed to be
discriminatory against renters. Galvin examines this case in the context of other recent cases dealing
with conditions of approval and deed restrictions, stressing the importance of recording entire
resolutions when possible. For the full case law update, CLICK HERE.
ARCHIVED CASE LAW UPDATES
Fall 2017 Case Law Update by Thomas J. Molica, Jr., Esq. In Paff v. Galloway Township, the New Jersey Open Public Records Act is reexamined in the context of electronic records, including electronic mail. The Glenn v. City of Cape May Planning Board, City of Cape May Zoning Board of Adjustment, and Adis, Inc. appellate case contemplates the doctrine of res judicata when the same applicant makes multiple similar or substantially similar applications over time. Finally, the author gives a brief update on the ongoing Dunbar proceedings. For the full case law update, CLICK HERE.
Spring 2017 Case Law Update by Thomas J. Molica, Jr., Esq. The Dunbar homes, Inc. v. Zoning Board of Adjustment of the Township of Franklin and Township of Franklin appellate case continues the legal battle over what constitutes an “application for development” in relation to the “time of application” rule, N.J.S.A 40:55D- 10.5. Meanwhile, the introduction of Senate Bill S-2788 proposes to amend the MLUL to standardize application checklists for preliminary and final site plan and subdivision approval. For the full case law update, CLICK HERE.
Fall 2016 Case Law Update by Thomas J. Molica, Jr., Esq. The Jai Sai Ram and Sunil Dhir v. The Planning/Zoning Board of the Borough of South Toms River and Wawa, Inc. appellate case reviews the “time of application” rule when a municipality amends the zoning ordinance to permit a use which is the subject of a development application. Another appellate case, Goehring v. City of Elizabeth Zoning Board of Adjustment, underscores the need for each board hearing to be properly memorialized with sufficient findings of fact that are directly used to render board decisions. Lastly, the author examines important restrictions of the latest extension of the Permit Extension Act of 2008. For the full case law update, CLICK HERE.
Spring 2016 Case Law Update by Thomas J. Molica, Jr., Esq. Nelson’s Corner Assoc. LLC. v. Twp. of Hillsborough Zoning Board of Adjustment brings to light the importance of clear zoning ordinance writing that enumerates permitted uses for each zone district. In Paff v. Galloway Township … Municipal Clerk and Records Custodian, the appellate courts settle another important battle concerning the Open Public Records Act. For the full case law update, CLICK HERE.