NJ Appellate Law Blog

An "Attagirl" for Judge Chrystal in a Long-Running Mount Laurel Case

Cranford Development Associates v. Cranford Tp., 445 N.J. Super. 220 (App. Div. 2016). This Mount Laurel litigation resulted in a builder's remedy for construction of a 360-unit residential development in...

An Easy Statute of Limitations Case for the Supreme Court

In re Petition for Referendum to Repeal Ordinance 2354-12 of West Orange Tp., 223 N.J. 589 (2015). This appeal involved the timeliness of a challenge to a bond ordinance for...

The 1,000th Post: A Rare Published Affirmance on the Opinion Below

In re Adoption of Monroe Tp. Housing Element and Fair Share Plan, 442 N.J. Super. 563 (App. Div. 2015). Many intermediate appellate courts frequently issue opinions that affirm on the...

An Anniversary of a Key Prerogative Writs Opinion

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...

A Controversial Height Variance Falls

Jacoby v. Englewood Cliffs Bd. of Adj., 442 N.J. Super. 450 (App. Div. 2015). At least since North Bergen Action Group v. North Bergen Tp. Planning Bd., 122 N.J. 567...

Land Use Litigant Cannot "Make a Mockery of the Exhaustion Doctrine"

Casser v. Knowlton Tp., 441 N.J. Super. 353 (App. Div. 2015). Two consolidated cases, three Law Division judges who had pieces of these matters, and a lengthy and convoluted procedural...

Catching Up

My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important...

Another Failure to Act by COAH, and Another Court Gives a COAH Power to the Courts Instead

In re Failure of the Council on Affordable Housing to Adopt Trust Fund Commitment Regulations, 440 N.J. Super. 220 (App. Div. 2015). The Fair Housing Act, N.J.S.A. 52:27D-329.2(a), states that...

The Supreme Court Revisits the Constitutionality of the Redevelopment Law

62-64 Main Street, LLC v. Hackensack Mayor & Council, 221 N.J. 129 (2015). The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, defines when an area is blighted and...

A Blockbuster Opinion: The Supreme Court Gives COAH's Powers Back to the Courts

In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015). As foreshadowed by the oral argument, the Supreme Court today granted Fair...

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Catching Up Again: Four Opinions

Due to the press of other work, it's been awhile since this blog reported on Supreme Court and published Appellate Division decisions. There are four opinions to discuss, one of which addressed two cases in a single ruling. Here are summaries:...

Appellate Division Oral Argument of the Week: Must Representative Actions Under the New Jersey Wage and Hour Law or the Prevailing Wage Act Satisfy Rule 4:32, Which Governs Class Actions?

On Thursday, March 12, the Appellate Division will hear oral argument in Martinez v. T. Slack Environmental Services, Inc. The issue on appeal is whether plaintiff's lawsuit, predicated on the New Jersey Wage and Hour Law, and the Prevailing Wage Act, must satisfy the criteria of Rule 4:32, the class action rule. The Law Division found that unnecessary....

Appellate Division Oral Argument of the Week: Must Representative Actions Under the Wage and Hour Law or the Prevailing Wage Act Satisfy Rule 4:32, Which Governs Class Actions?

On Thursday, March 12, the Appellate Division will hear oral argument in Martinez v. T. Slack Environmental Services, Inc. The issue is whether plaintiff's lawsuit, predicated on the New Jersey Wage and Hour Law, and the Prevailing Wage Act, must satisfy the criteria of Rule 4:32, the class action rule. The Law Division found that unnecessary....

Two Land Use Decisions by the Appellate Division

This week began with two published opinions by the Appellate Division in different areas of municipal land use. Here are summaries:...