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

Municipal Land Use Notice That Described Size of Large Retail Store Need Not Have Stated That Store Was a Wal-Mart

Shakoor Supermarkets, Inc. v. Old Bridge Tp. Planning Bd., 420 N.J. Super. 193 (App. Div. 2011). This case dealt with the issue of how specific a public notice of a development...

Landowner Must Exhaust Land Use Law Remedies Before Filing Civil Rights Act Claim

Rezem Family Associates, LP v. Borough of Millstone, 2011 WL 1432181 (App. Div. April 15, 2011). Plaintiff ("Rezem") owned a 67-acre tract of vacant land. Rezem entered into a series of contracts to sell...

36 Years Since Mount Laurel I

On this date in 1975, the Supreme Court of New Jersey decided Southern Burlington Cty. NAACP v. Mount Laurel Tp., 67 N.J. 151 (1975). There, the Court held that each...

Individual Condominium Unit Owners Cannot Protest Zoning Ordinance Under Municipal Land Use Law

Jennings v. Borough of Highlands, 418 N.J. Super. 405 (App. Div. 2011). "The right to protest zoning amendments has existed in this State for more than eighty years." A successful protest under...

Developer Has Duty to Maintain and Remove Snow From Road Not Dedicated to Municipality

White Tp. v. Castle Ridge Development Corp., 419 N.J. Super. 68 (App. Div. 2011). A developer, Castle Ridge, got approval to build a fifteen-lot subdivision. A developer's agreement that Castle Ridge signed with...

Property Tax Exemption Unaffected by Non-Permitted Use of Property

Society of Holy Child Jesus v. City of Summit, 418 N.J. Super. 365 (App. Div. 2011). State tax statutes and the Municipal Land Use Law ("MLUL") are not often bedfellows in the same case. This...

Statutory Amendment Trumps "Law of the Case"

In re Denial of Regional Contribution Agreement Between Galloway Tp. and City of Bridgeton, 418 N.J. Super. 94 (App. Div. 2011). The Council on Affordable Housing ("COAH") denied approval of a regional...

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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....

A Recess for the Appellate Division, and for This Blog

The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....

Appellate Division Oral Argument of the Week: Has the School Funding Reform Act Denied Lakewood Public School Students the Constitutionally-Required "Thorough and Efficient" Education?

On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...