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

Insubstantial Constitutional Issues Don't Afford an Appeal to the Supreme Court as of Right

On this date in 1965, the Supreme Court decided Tidewater Oil Co. v. Mayor & Council of Borough of Carteret, 44 N.J. 338 (1965), a municipal land use case. That...

Zoning Board of Adjustment Conflicts of Interest

Piscitelli v. City of Garfield Bd. of Adj., 237 N.J. 333 (2019). Conflict of interest issues are often sticky. That was doubly so in this case, which the Supreme Court...

The 1,500th Post- Making up a December Deficit

A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December. So it's time for one of this blog's periodic "catch-up"...

Michael E. Patunas (1967-2018)

This is a very difficult post to write. Michael E. Patunas was my colleague at Lite DePalma Greenberg, LLC for more than fifteen years. He was my partner for a...

Some Holders of Tax Sale Certificates May Have Standing to Challenge Development Approvals on Neighboring Property

Cherokee LCP Land, LLC v. Linden Planning Bd., 234 N.J. 403 (2018). The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL") confers standing to actions of municipal land use...

No "Dead End" for New Jersey Civil Rights Act Plaintiff, So Her NJCRA Claim Fails

Harz v. Borough of Spring Lake, 234 N.J. 317 (2018). The New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 ("NJCRA") is, in general, the New Jersey analog to the...

"Time of Application" Rule for Development Kicks in When All Documents Required by Ordinance Are Submitted

Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 233 N.J. 546 (2018). In a development application under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL"), the law...

The Supreme Court Grants Review of an Environmental Land Use Case

The Supreme Court announced that it has granted review in N.J. Highlands Coalition v. New Jersey Dep't of Environmental Protection. The question presented, as phrased by the Supreme Court Clerk's...

Judge Michael Patrick King (1935-2017)

Judge Michael Patrick King, one of the longest-serving members of the Appellate Division, died on November 25, as was revealed publicly today here. A graduate of Fordham University and the...

Municipal Planning and Zoning Boards Lack Power Over State University Development Proposals

Montclair State University v. County of Passaic, 451 N.J. Super. 523 (App. Div. 2017). The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., places responsibility for development applications within a...

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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....