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

"The Song Remains the Same": There's No Automatic Right to Appeal an Interlocutory Order, and Improper Appeals Will be Dismissed

House of Fire Christian Church v. Clifton Bd. of Adj., 426 N.J. Super. 157 (App. Div. 2012). The Appellate Division has repeatedly admonished parties, attorneys, and trial level judges that it is improper to...

A Welding Business is a "Home Occupation" Under a Broad Ordinance

Columbro v. Lebanon Tp. Bd. of Adj.., 424 N.J. Super. 501 (App. Div. 2012). Defendants Michael and Frances Edwards obtained a conditional use variance that allowed them to conduct a welding business in...

Supreme Court Will Review Municipal Land Use Conflict of Interest Case

The Supreme Court has granted review of the decision in Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011). The Appellate Division's decision is discussed here. The...

Hills Dev. Co. v. Bernards Tp.- Decided 26 Years Ago Today

On this date in 1986, the Supreme Court decided Hills Dev. Co v. Bernards Tp., 103 N.J. 1 (1986). At the time, it was one of the Court's most important...

When Do Changed Circumstances Allow a Deed Restriction Imposed by a Planning Board to be Removed?

American Dream at Marlboro, LLC v. Marlboro Tp. Planning Bd., 209 N.J. 161 (2012). This per curiam opinion addresses the issue of when a deed restriction imposed by a planning board can...

Appeal from Law Division Decision That Was Not Final is Dismissed as Interlocutory

Johnson v. Downe Tp. Combined Planning/Zoning Bd., 2012 WL 33897 (App. Div. Jan. 9, 2012). How many times has the Appellate Division warned that a purported appeal as of right from...

Inherently Beneficial Use? Yes. Negative Criteria Satisifed? No.

The Salt & Light Company, Inc. v. Willingboro Tp. Bd. of Adj., ___ N.J. Super. ___ (App. Div. 2011). Normally, in considering whether to grant a use variance, boards of...

The Same Attorney Appears to be on Both Sides of a Land Use Application? That's a No-No!

Kane Properties, LLC v. City of Hoboken, 423 N.J. Super. 49 (App. Div. 2011). Plaintiff had obtained use variances from Hoboken's Zoning Board of Adjustment. Those variances allowed plaintiff to build a high-rise...

Public Notice of Ordinance Rezoning Former General Motors Linden Plant is Held Insufficient

Rockaway Shoprite Associates, Inc. v. City of Linden, 424 N.J. Super. 337 (App. Div. 2011). For many years, a large General Motors assembly plant occupied a 47.5 acre site in...

A Potential Tort Claims "Weather Immunity" Case for the Supreme Court?

Tymczyszyn v. Columbus Gardens, 422 N.J. Super. 253 (App. Div. 2011). Plaintiff slipped on ice and fell on a sidewalk that abuts a "multi-unit residential property" operated by defendant Hoboken Housing Authority. Plaintiff...

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The Week Just Ending: Three Criminal Law Decisions

This week saw one case decided by the Supreme Court and two published opinions of the Appellate Division. The Supreme Court case, decided by a 6-1 vote, presented an ex post facto issue arising out of amendments to the statute governing parole. The two Appellate Division decisions entailed more "core" criminal law issues. Here are summaries of those cases:...

The 2025 Omnibus Court Rule Amendments and Other Changes

The Supreme Court announced amendments to Court Rules and appendices, as well as certain other procedural changes. That announcement is embodied in an Omnibus Rule Amendment Order that is available here....

"Abuse of Discretion" vs. "Patent and Gross Abuse of Discretion"

State v. Taylor, ___ N.J. ___ (2025). N.J.S.A. 2C:43-6(c), a part of the Graves Act, makes the use or possession of a firearm during the commission, attempted commission, or flight from the commission of certain designated offenses a sentencing factor that triggers the imposition of a mandatory term of imprisonment. A later-added section of the Graves Act, N.J.S.A. 2C:43-6.2, creates an "escape valve," under which a prosecutor may seek from the court a waiver of the imposition of a mandatory minimum sentence where the prosecutor believes that such a sentence would not serve the interest of justice....

A "Swan Song" for a False Light Invasion of Privacy Claim on Statute of Limitations Grounds

Chipola v. Flannery, ___ N.J. ___ (2025). As discussed here, this case was one of two that the Supreme Court agreed to review in its first grants of review of the current Term. The question presented was "Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?" Today, agreeing with the Law Division and the Appellate Division, the Supreme Court answered "yes."...