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 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, 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...
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...
The Supreme Court has granted certification to review three more appeals. The first of those actually consists of four cases that have been consolidated under the lead case, State v....
Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (App. Div. 2017). The Municipal Land Use Law ("MLUL"), in N.J.S.A. 40:55D-10.5, contains a "time of application...
DePolo v. Tredyffrin Tp. Bd. of Supervisors, 835 F.3d 381 (3d Cir. 2016). Jeffrey DePolo is a ham radio enthusiast in Pennsylvania. He applied to defendant Zoning Hearing Board of...
Jai Sai Ram, LLC v. South Toms River Planning and Zoning Bd., 446 N.J. Super. 338 (App. Div. 2016). As Judge Reisner stated in her opinion in this case today,...
In the federal system, Justice Brandeis' concurrence in Ashwander v. TVA, 297 U.S. 288 (1936), has been the source most often cited for the principle that courts will avoid reaching...
Sixty-five years ago today, on November 20, 1950, the Supreme Court decided Fischer v. Bedminster Tp., 5 N.J. 534 (1950). That opinion, written by Justice Heher, contains one of the...