NJDEP Adopts New “Common Sense” Waiver Rule

Posted by on Mar 5, 2012 in DEP Rules, Notice Requirements, Variances

By: Henry T. Chou, Esq.
In response to Governor Christie’s Executive Order No 2, which directs state agencies to implement reforms furthering common sense principles, the New Jersey Department of Environmental Protection (NJDEP) has adopted a new rule that gives NJDEP the flexibility to modify compliance with rules in certain circumstances that do not compromise protections to the environment and public health. Requests for waivers will be accepted beginning on August 1, 2012.

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New Jersey Supreme Court to Review New Notice Requirements for Land Use Applications Imposed by Appellate Division

Posted by on Jan 5, 2010 in Municipal Land Use Law, Notice Requirements

By: Henry T. Chou, Esq.
The New Jersey Supreme Court has agreed to consider arguments that the Appellate Division improperly imposed new, subjective notice requirements on developers applying for local land use approvals. On November 13, 2009, the Court granted the petitions for certification filed by a developer, American Properties, and the Ewing Township Planning Board, seeking to challenge the Appellate Division’s decision in GF Properties v. Ewing Township Planning Board.

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New Jersey Supreme Court Agrees to Hear Arguments in Bizarre Inverse Condemnation Case

Posted by on Nov 20, 2009 in Condemnation, Notice Requirements

By: Henry T. Chou, Esq.
On November 10, 2009, the Supreme Court granted certification in the matter of Klumpp v. Borough of Avalon, in order to consider the issue of whether owners of beachfront property lost ownership of their land by virtue of a municipality’s claim in 2005 that it acquired the property by inverse condemnation forty-three years ago in 1962.

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