Real Property & Environmental Law Alert

Real Property & Environmental Law Alert

Transactional Real Estate, Development/Redevelopment & Environmental Law

Tag Archives: Planning Board

“From Ink to Occupancy” Real Estate Program at Gibbons P.C. Armed Attendees with Fundamentals & Information on the Latest Trends

Posted in Development/Redevelopment, Transactional Real Estate & Leasing
"From Ink to Occupancy, A Game Plan for a Successful Real Estate Project," the latest installation of the Gibbons Women's Initiative Seminar Series, was held earlier last week and attracted a great crowd, including real estate professionals and in-house counsel. Nancy A. Lottinville, Jennifer M. Porter and Ivette P. Alvarado guided attendees through the nuts and bolts of a commercial real estate contract, due diligence and the land use approvals process, with a focus on New Jersey and New York. A portion of the program was also dedicated to the current "Hot Topics" of real estate in New Jersey and New York, including FEMA's Advisory Base Flood Elevations and cross-access easement issues. Thanks to various requests from attendees for more information, the RPE Law Alert will be posting blogs over the course of the next few weeks expanding on the topics covered during the program. Watch for the next installation: "Properly Identifying the Property in the Contract: Are You Sure You Know What You're Getting?"… Continue Reading

New York Appellate Division Strikes Conditions of Approval Unrelated to Site Plan Which Arose from Applicant’s Past Conduct

Posted in Development/Redevelopment
In its recent decision in the Matter of Kempisty v. Town of Geddes, the Appellate Division, Fourth Department, provides an important reminder to approving authorities that conditions attached to the approval of site plans must have some legitimate relationship or "nexus" to the project's impacts or they will be stricken. Although the case breaks no new ground, it does effectively outline the considerations that should be applied when determining whether to impose conditions of approval.… Continue Reading

New Jersey Time of Decision Rule – The End Nears

Posted in Development/Redevelopment
New Jersey case law has consistently held that new or modified development ordinance provisions apply to pending land use applications, even if the proposed zoning was specifically introduced to thwart a pending application. This has historically been known as the "time of decision" rule. On May 5, 2011, the time of decision rule will run out of time.… Continue Reading

A New Jersey Statute That May Go a Long Way On Your Next Solar or Wind Project!

Posted in Development/Redevelopment, Environmental & Green Issues
Experienced New Jersey developers and land use attorneys understand the challenges that face an applicant when the proposed use is not expressly permitted in the municipality's zoning district wherethe subject property is located. The challenge is only more complicated if the proposed use involves novel or unfamiliar technology such as renewable energy. However, in New Jersey, the government has been proactive in welcoming renewable energy projects through grants and legislation, making New Jersey definitely the place to be if you want to develop property geared towards the creation of a renewable energy facility powered by solar or wind.… Continue Reading

What You Need to Know About Variances and Existing Non-Conformities for Your Next Development Application in NJ

Posted in Development/Redevelopment
Earlier this month, the New Jersey Appellate Division decided and approved for publication Cortesini v. Hamilton Township Planning Board, a case that addressed the issue of whether a developer must apply for a variance in connection with a pre-existing non-conforming condition created by a prior/non-appealable development approval. The Court's answer was a resounding "no" based on the facts presented.… Continue Reading

Will the New Jersey Supreme Court Respect “Repose” for the Diligent Developer?

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
For a real estate developer in New Jersey, it seems that there is no "repose" when it comes to the finality of land use approvals. Repose you ask? While the word may garner images of warm weather days at poolside, a developer can only think of repose as the day the appeal period expires on hard-won land use approvals, especially after facing objecting citizens at multiple hearings.… Continue Reading

Land Use Public Notices: N.J. Developers/Attorneys Beware!!!

Posted in Development/Redevelopment
In the most recent case decided in New Jersey on the issue of the adequacy of a land use public notice, the court continued the trend of requiring applicants on development applications to put as much information in their notices as possible to make the general public aware of the nature of the matter under consideration. In Neshanic Coalition for Historic Preservation v. Hillsborough Township Planning Board, Judge Buchsbaum ruled that the applicant's public notice failed to meet the statutory requirement of setting forth the "nature of the matters to be considered" under the New Jersey Municipal Land Use Law because it omitted the fact that the building to be demolished was located in an historic district.… Continue Reading

Ye Shall Have No Wine Before It’s Time – New York Federal District Court Dismisses Winery’s Claims on Ripeness Grounds for Failure to Obtain a Variance Decision or Provide Sufficient Proof That Efforts to Obtain a Variance Would Be Futile

Posted in Development/Redevelopment
Despite potential substantive merit to Plaintiffs' federal and state constitutional claims, the Federal District Court of the Northern District of New York in Rivendell Winery LLC v. Town of New Paltz dismissed Plaintiffs' complaint for lack of subject matter jurisdiction on ripeness grounds as a result of the Plaintiffs' failure to either obtain a final variance decision or to satisfy the relatively high burden for showing that an application for a variance from the Zoning Board of Appeals would have been futile. The crux of the decision lies in the Court's reiteration of an important principle that although the success of a land use application may seem doubtful, doubt alone is insufficient to establish that the decision maker has dug in its heels and made certain that the application will be denied.… Continue Reading