NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Appellate Division Oral Argument of the Week: Is the Borough of Sea Bright's Noise Nuisances Ordinance Preempted by a Regional Health Commission's Existing Ordinance?

On Tuesday, April 1, judges of Part E of the Appellate Division will hear oral argument in Bonfiglio v. Borough of Sea Bright. That case addresses whether a 2017 noise ordinance adopted by the Borough was void as preempted by a prior ordinance of the Monmouth County Regional Health Commission ("MCRHC")....

The Appellate Division Holds That Long Branch's Amended Oceanfront-Broadway Redevelopment Plan is Valid, Rejecting Ultra Vires, Spot Zoning, and Other Challenges

Blackridge Realty, Inc. v. The City of Long Branch, ___ N.J. Super. ___ (App. Div. 2025). Pursuant to a written developer's agreement, plaintiff ("Blackridge") was a designated redeveloper under the City of Long Branch's Oceanfront-Broadway Redevelopment Plan. That plan was adopted pursuant to the Local Redevelopment and Housing Law ("LRHL"), N.J.S.A. 40A:12A-1 et seq. Blackridge successfully completed its redevelopment project....

Property Cannot be Condemned Solely to Exchange it for Property That Will be Put to a Public Use

Township of Jackson v. Getzel Bee, LLC, ___ N.J. Super. ___ (App. Div. 2025). This eminent domain opinion by Judge Berdote Byrne involved two consolidated cases. Plaintiff Township sought to acquire two pieces of property owned by defendants, .Block 21601, Lots 84 and 90. When defendants did not respond, plaintiff commenced condemnation proceedings....

The "Time of Application Rule" Under the Municipal Land Use Law

Hoboken for Responsible Cannabis, Inc. v. City of Hoboken Planning Bd., ___ N.J. Super. ____ (App. Div. 2024). This land use decision, written by Judge Firko, is the final published...

Justice Alan B. Handler (1931-2024)

Justice Alan B. Handler died on May 23. He was 92 years old. Justice Handler served on the Supreme Court of New Jersey for 22 years, from 1977 through 1999...

Three Published Appellate Division Decisions Last Week

All was quiet on the Supreme Court front last week. But the Appellate Division issued three published opinions. Here are summaries. Sackman Enterprises, Inc. v. Mayor & Council of Borough...

Res Judicata Before Municipal Land Use Boards: An Anniversary

On this date in 1959, the Supreme Court decided Russell v. Board of Adjustment of Tenafly, 31 N.J. 58 (1959). The case is one of the earliest to address the...

A Use Variance Anniversary: Ward v. Scott

On December 15, 1952, the Supreme Court decided Ward v. Scott, 11 N.J. 117 (1952). Though the municipal law applicable at the time that case was decided has largely been...

Board of Education Lacked MLUL Standing Where Its Challenge to Development Approvals Was Based Only on Potential Increased Crowding of Schools

Edison Bd. of Educ. v. Zoning Bd. of Adj. of Edison., 464 N.J. Super. 298 (2020). This opinion by Judge Messano today affirmed a Law Division ruing that the Edison...

When is an Ordinance a "Zoning Ordinance"?

Shipyard Associates, L.P. v. City of Hoboken, 242 N.J. 23 (2020). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represents the City of Hoboken and certain of its agencies and officials...

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Appellate Division Published Opinions During and After Its Recess

The final day of the Appellate Division's two-week recess was April 25. On that date, the Appellate Division issued a published opinion. Two more published opinions followed during the current week. Here are summaries of those opinions....

"Ethics in Appellate Practice" Seminar at the NJSBA Annual Meeting on May 15

I will be moderating a panel titled "Ethics in Appellate Practice" that will help kick off Day 2 of the New Jersey State Bar Association Annual Meeting on May 15. The presentation will be from 8:45-10 AM. It will feature Judge Gummer of the Appellate Division and distinguished appellate practitioners with experience in and perspectives on ethics in the appellate context from both the plaintiffs' and the defendants' sides....

With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....