Supreme Court of New Jersey Returns Affordable Housing Enforcement to the Courts

Posted by on Mar 11, 2015 in COAH and Affordable Housing Issues

By Thomas F. Carroll, III, Esq. and Stephen M. Eisdorfer, Esq.

On March 10, 2015, the New Jersey Supreme Court unanimously ruled that the courts will once again assume the lead role in enforcing the constitutional requirement, imposed by the Mount Laurel doctrine, that municipalities must create realistic opportunities for the construction of low and moderate income housing.

Read More

In Eminent Domain, Statutory Construction Reigns Supreme

Posted by on Aug 9, 2013 in Eminent Domain

By: Cameron W. MacLeod, Esq.

Under New Jersey law, public utilities are afforded the ability to exercise eminent domain by statute. Railroads are included in the general class of public utilities, and also have their own separate statute by which to exercise eminent domain when doing is part of the “exigencies of business.” Recently, in Norfolk Southern Railway Company v. Intermodal Properties, LLC, the New Jersey Supreme Court affirmed the Appellate Division in permitting the exercise of eminent domain by Norfolk Southern in taking neighboring property, but did so in a way that highlights the Court’s approach to statutory interpretation.

Read More